Fall 2010 Volume 3

Marquette University Law School Unveils Eckstein

Hall

PERMIT NO. 3207 NO. PERMIT

MILWAUKEE, WI MILWAUKEE, Milwaukee, WI 53202-3746 WI Milwaukee,

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Messenger 1

Regular Features Contents 4 Letter From the Editor Fall 2010 • Volume 3 5 Member News 6 New Members In This Issue: 6 Message from the President 8 Battle of the Barristers Benefits MJC 7 CLE Calendar

8 The Reel Law 9 There Oughta be a Rule by Honorable Richard J. Sankovitz, Milwaukee County Circuit Court 15 Volunteer Spotlight

21 Pro Bono Corner 10 What You Need to Know About Electronic Filing in State Courts 22 Classifieds by Attorney Valerie P. Vidal, Quarles & Brady

Be Part of the Messenger 11 New Ray and Kay Eckstein Hall Emphasizes Role of Community in Law Study by William P. O’Brien Please send your articles, editorials, or anecdotes to [email protected] or mail them to Editor, Milwaukee Bar 13 2010 Golf Outing Association, 424 East Wells Street, Milwaukee, WI 53202. We look forward 15 Crumbling Milwaukee County Finances Threaten to Degrade Circuit Courts to hearing from you! by Attorney Herman John

If you would like to participate on the 16 A Guide to Food at the Law Factory Messenger Committee, we have seats by Attorney Douglas H. Frazer, DeWitt Ross & Stevens available. Please contact James Temmer, [email protected]. 17 A Guide to the Road Less Travelled: Deeds in Lieu of Foreclosure by Attorney Dawn Lindsey, von Briesen & Roper

18 Learnedness in the Law: A Brief History of Legal Education In Milwaukee by Attorney Hannah C. Dugan The MBA Messenger is published quarterly by the Milwaukee Bar Association, Inc., 424 East Wells Street, 19 Milwaukee Justice Center Launches Website Milwaukee, Wisconsin 53202. Telephone: 414-274-6760 19 Employers Gain Flexibility in I-9 Form Management E-mail: [email protected] by Attorney Kelly Fortier and Attorney Jose Olivieri, Michael Best & Friedrich The opinions stated herein are not necessarily those of the Milwaukee Bar Association, Inc., or any of its directors, officers, or employees. The information presented in this publication should not be construed to be formal legal advice or the formation of a lawyer-client relationship. All manuscripts submitted will be reviewed for possible publication. The editors reserve the right to edit all material for style and length. Advertising and general information concerning this publication are available from Britt Wegner, telephone 414-276-5931.

Messenger 3 MBA Board of Letter From the Editor Directors and Staff This edition of the Firm Division of the ABA General Practice Messenger showcases Section at the 2010 annual meeting in San Rachel A. Schneider, President t h e o p e n i n g o f Francisco, was based on the conference’s Harley Davidson Marquette University impressive list of speakers, 32 programs, Michael J. Cohen, President-Elect l a w s c h o o l ’ s relaxed and family-friendly setting, and Meissner Tierney Fisher & Nichols breathtaking, high- affordability. Of those attending the 2009 Charles H. Barr, Vice President tech Eckstein Hall. conference, 98% said they would return and Croen & Barr We’ve previewed recommend it to colleagues. Kudos to the Patricia A. Hintz, Secretary/Treasurer the law school’s new MBA’s Britt Wegner, the main brain behind Quarles & Brady home in the past this operation, for putting on the best Solo Charles Barr, Editor several issues, and and Small Firm Conference in the whole Directors now William O’Brien darn country. of Marquette’s College of Communication Hon. Timothy G. Dugan provides a more detailed perspective on What other goodies are in the Messenger? Milwaukee County Circuit Court this momentous addition to Milwaukee’s An alarming report on the financial condition Marcia E. Facey cityscape and legal community. We have of Milwaukee County from the Public Policy Northwestern Mutual photos, too. For some historical perspective, Forum. Valuable practice tips on deeds in Beth E. Hanan Hannah Dugan recounts the story of legal lieu of foreclosure and the management of Gass Weber Mullins education in Milwaukee from territorial days immigration records by employers. Lighter right up to the Eckstein Hall dedication. fare from frequent contributor Doug Frazer, Lisa M. Lawless who muses on the role of food in the Whyte Hirschboeck Dudek Although I didn’t attend MULS and didn’t operation of a law firm. The latest installment Susan E. Lovern even grow up in these parts (or at all, of Judge Rick Sankovitz’s tried and true von Briesen & Roper depending on whom you ask), I feel a strong series on the new local rules. Reports on the David G. Peterson connection to the Law School. Almost all new Milwaukee Justice Center website and Reinhart Boerner van Deuren the associates and law clerks in the 17-year other pro bono initiatives. And the second in Thomas H. Reed history of my firm have been from Marquette, our series called “The Reel Law,” in which State Public Defender, Milwaukee and every one of them has been, or has gone cinema expert and past MBA President Fran Criminal Trial Office on to become, a top-notch attorney. My Deisinger fondly reviews one of his (and my) son is also a Marquette Law grad, and he all-time favorite courtroom dramas, Anatomy Hon. Maxine Aldridge White is an excellent lawyer, as well. So I’d like of a Murder. It was required viewing the first Milwaukee County Circuit Court to add my personal congratulations to Dean week of my first-year Crim Law course; I kid Andrew J. Wronski Kearney and everyone at MULS. Couldn’t you not. Plus, it has Lee Remick. Foley & Lardner have happened to a better law school. We hope you enjoy this edition of the MBA Staff October promises a number of treats for Messenger, as well as the potpourri of MBA members. October 13 will mark the interesting events our legal community has James D. Temmer, Executive Director MBA’s premier autumn event, the State of to offer this fall. And if someone happens to Katy Borowski, Director of Projects the Court Luncheon at the Wisconsin Club. suggest that you consider writing something Dawn Caldart, Administrative Director, This is your chance to get the lowdown from for our humble publication, don’t get Milwaukee Justice Center Chief Judge Kremers and other Milwaukee spooked. Andrew Clinnin, Associate Director, LRIS County Circuit Court judges on how the court is responding to the challenges posed — C.B. Amy Enger, Office Manager by ever-increasing budget pressures. The Pamela Hill, Accountant bad news is that the court continues to fight Sabrina Nunley, Director of Continuing for its economic life. The good news is that Legal Education the report from the judges at the State of the Britt Wegner, Director, Lawyer Court Luncheon is never dull. The MBA is looking for someone to Referral & Information Service match attorney Craig Mastantuono’s The Wisconsin Solo and Small Firm generous contribution of $500 to Conference, a joint presentation of the MBA the Milwaukee County Drug Court Contact Information and the State Bar, will be held October 28-30 Incentives program. This worthwhile Milwaukee Bar Association, Inc. at Wilderness Resort in Wisconsin Dells. If initiative was highlighted by Fran 424 East Wells Street you’re a solo or small firm practitioner and Deisinger in his “Message from the Milwaukee, WI 53202 haven’t decided whether to go, you need to President” column in the Winter Phone: 414-274-6760 know that the 2009 conference was the winner 2009-2010 Messenger. Please contact Fax: 414-274-6765 of the American Bar Association’s Solo and Jim Temmer ([email protected] www.milwbar.org Small Firm Project Award. (See p. 5.) That 276-5934) if you can help out. honor, bestowed by the Solo and Small

4 Fall 2010 Reinhart Boerner Van Deuren firm’s Litigation Practice, has been appointed Member News attorney Todd W. Martin, by Wisconsin Governor Jim Doyle to serve a shareholder in the firm’s on the Board of the Wisconsin Housing B o y l e Business Law and Employee and Economic Development Authority Fredrickson, B e n e f i t s (WHEDA). Wi s c o n s i n ’s P r a c t i c e s , l a r g e s t h a s b e e n von Briesen & Roper announced i n t e l l e c t u a l a p p o i n t e d the promotion of Attorneys Smitha Todd W. Martin property (IP) M a n a g i n g Chintamaneni, Christopher J. Schreiber, l a w f i r m , Shareholder of the firm’s and Jessica M. Zeratsky to Shareholders of welcomed Kyle Madison office. Martin will the firm. Chintamaneni is a member of the Kyle Costello Kevin Kreger take over from Lynn M. Litigation and Risk Management Practice Costello and David J. Peterson Kevin Kreger as practicing attorneys. Stathas, who has held the Group. Schreiber and Zeratsky are members position since July 2006, as of the Banking, Bankruptcy, Business DeWitt Ross & Stevens announced the part of a planned leadership Restructuring & Real Estate Practice Group. addition of Marc J. Adesso to rotation. The firm also announced the addition of the Business, Estate Planning, The firm also announced six attorneys: Shareholder Jennifer Bolger Tax, and Real Estate groups. that four experienced and Associates Alyssa D. Dowse, Nathan Adesso is an associate in the attorneys—D a v i d J . S. Fronk, David P. Knaff, Megan L.W. Brookfield office. He focuses Peterson, Bret M. Harper, Jerabek, and Rachel N. Schepp. Bolger his practice on business Bret M. Harper Douglas J. Marsch, and A. is a member of the Environmental Law formation and operation, John Richter—have joined and Litigation Section, and Dowse is in family-owned enterprises, Marc J. Adesso the law firm. Peterson, a the Compensation and Benefits Section, mergers and acquisitions, tax litigator, practices at the and Fronk is in the Litigation and Risk and estate planning, real estate transactions, firm’s expanding Waukesha Management Practice Group. Jerabek and and entertainment law. office. Harper is a member Knaff are members of the Business Practice of the firm’s Business Group, and Schepp rejoins the firm as a Grady, Hayes & Neary, Reorganization Practice, member of that Group. is pleased to announce Marsch joined the Labor Douglas J. Marsch the addition of Anissa and Employment Practice, Boeckman, Marquette and Richter is the newest University 2007, as an lateral attorney in the Health Associate. Boeckman will Care Practice. be working in the areas of insurance defense, children’s Christopher E. Ware, Anissa Boeckman law, and commercial Reinhart Boerner Van litigation. Deuren shareholder in the A. John Richter Lynn Laufenberg, Christopher Stombaugh, Michael Jassak, and Michael Laufenberg have announced the formation of the law 2010 Solo & Small Firm Awards firm of Laufenberg, Stombaugh & Jassak, At the 2010 Solo & S.C. The new firm will build upon more than Small Firm Awards 100 years of combined experience in the presentation on representation of individuals and families that August 6, 2010 in have suffered losses due to the carelessness San Francisco, the of others. The firm will have offices at 115 Milwaukee Bar South 84th Street, Suite 250, Milwaukee, and Association and State a Southwest Wisconsin office at 147 Keystone Bar of Wisconsin Parkway, Suite 101, Platteville. were the winners of the ABA Solo and Small Firm Project Award.

(Left to Right): Marvin Dang (Awards Committee Chair, ABA General Practice, Solo & Small Firm Division); Oscar Rivas (Regional Manager for West, a sponsor of the Awards); Nerino Petro (State Bar of Wisconsin); Britt Wegner (Milwaukee Bar Association); James Durant (Chair, ABA General Practice, Solo & Small Firm Division)

Messenger 5 Welcome New Message From the President MBA Members! Rachel A. Schneider, Quarles & Brady Jesse B. Blocher, Habush Habush & Rottier Welcome to and best law school facilities in the country. Scott Butler the Marquette Fortunately, I have not been in enough law Lindsay K. Caldwell University Law school buildings in my life to personally School edition of assess the accuracy of that statement. But I Jonathan Cattey the Messenger! I can tell you that I almost feel jealous of the Evan N. Claditis, Hupy and Abraham am an adjunct students who get to toil away there. Almost. Alyssa Dowse, von Briesen & Roper professor at If you have not had the opportunity to Marquette this behold the new gem of our Milwaukee legal Dawn Drellos, Pellman, Drellos & fall. I began community, I encourage you to do so. Be sure Associates my morning to note that the student “mailboxes” are still Jessica Farley, Reinhart Boerner today by pulling hang files. Ah! It’s nice to see some things Van Deuren into the newly- never change. Nathan Frank, von Briesen & Roper opened parking structure below I hope you’ll also make note of the list of Heather Gatewood, Davis & Kuelthau Eckstein Hall, swiping my spiffy new donors to the Milwaukee Justice Center Michael Gosman, Whyte Hirschboek Dudek Marquette faculty ID in order to enter the law featured in this issue. That list is too short and Amber K. Hakes, Kim & Lavoy school, and proceeding to a lovely classroom I would like to see your name there the next where I deftly engaged the lectern computer time we print the donor list. To help make Michael G. Heller, Heller Law offices to cause a very large screen and projector that happen, I direct you to the handy-dandy Rachel Karpinski to drop down smoothly from the ceiling. It online donation option now available!! (Of David P. Knaff, von Briesen & Roper was marvelous. course, checks are still very gladly accepted, and no one takes a fee out of those.) Click Evan E. Knupp, Seifert Law Center As a survivor of the UW-Madison Law the “Donate” button at http://www.milwbar. Scott Stanton Luzi, Heins Law Office School renovation project in the mid-1990s, org/anniversary/justice-center.htm and fill in I bring certain biases to my assessment of the the requested information. It’s that easy! Kathryn MacKenzie new building, especially my assessment of Douglas Marsch, Reinhart Boerner how easy Marquette made it for all the law Hopefully many of you also contributed Van Dueren students, staff, and faculty! Perhaps Dean to the MJC by attending the Battle of the Eric W. Matzke Kearney received some helpful tips from Barristers on September 23. I was thrilled Dean Davis. Because, let me tell you, nothing when the MBA staff suggested this event and Angela McKenzie, Borgelt, Powell, puts a damper on future alumni fundraising I look forward to additional creative ideas for Peterson & Frauen efforts like having to endure multiple serving the membership, offering great CLE Sara C. Mills, Crivello Carlson semesters of construction in which your law opportunities, and delivering legal assistance Michael Moeschberger, LaFleur Law Office school is fractured into several disconnected to the community through the MJC and the locations. Marquette has certainly done it Lawyer Referral and Information Service Theresa Movroydis, O’Dess and Associates right—minimal disruption, great use of a (LRIS). Elizabeth S. Murrar, Murrar Law Office relatively small urban space, and an open interior filled with light. Wow! Enjoy the fall! See you at the State of the Peter J. O’Meara, Catholic Charities of the Court luncheon! Milwaukee Archdiocese I heard the new law school building —Rachel Jason S. Richard, Hupy and Abraham described on the radio as one of the biggest Gregory T. Ryan, Jr., Greg T. Ryan, Attorney at Law Charles D. Schmidt, The Schroeder Group 7th Annual James R. Shilobrit, Hupy and Abraham Brent A. Simerson, Siesnnop & Sullivan State of the Court Nicole M. Standback

Luncheon Sponsored by: Wednesday • October 13, 2010 Noon — 1:30 p.m. Wisconsin Club 900 West Wisconsin Avenue, Milwaukee

For questions or special needs, please contact Katy Borowski at 414-276-5933

6 Fall 2010 October 25, 2010 Family Law CLE Calendar Working with Child Support Enforcement patent eligibility. Now, various district A discussion of the issues facing the Child October - November 2010 courts and the Board of Patent Appeals Support Enforcement Office, including what has changed and how advocacy counsel can October 7, 2010 and Interferences have started weighing in with their interpretations of the Bilski work with the office most effectively and Alternative Dispute Resolution (ADR) efficiently. Nuts and Bolts of Mediations decision. This program will review recent developments and practical implications in Speaker(s): Janet Nelson, Milwaukee County History of mediations, how to pick a media- Department of Child Support Enforcement (and tor, submitting materials in mediations, who the area of subject matter eligibility. Speaker: David Luettgen, Foley & Lardner possibly other attorneys from the CSE Office) should attend, conducting a mediation, and 12:00– 12:30 p.m. (Lunch/Registration) recent trends in mediations 12:00 – 12:30 p.m. (Lunch/Registration) 12:30 – 1:30 (Presentation) 12:30 – 1:30 (Presentation) Speaker: Charles F. Stierman, Stierman, 1.0 CLE credit Steffens & Kuphall 1.0 CLE credit October 26, 2010 12:00 – 12:30 p.m. (Lunch/Registration) October 20, 2010 Elder Law 12:30 – 1:30 (Presentation) Environmental Law Family Care Update 1.0 CLE credit Understanding the Hazardous Substance Speaker(s): TBA (attorney from Disability Spill Act’s Local Government Unit October 11, 2010 Rights Wisconsin) Environmental Liability Exemption Corporate, Banking & Business 12:00– 12:30 p.m. (Lunch/Registration) Local Government Units (LGUs) considering Preparing for an Acquisition and 12:30 – 1:30 (Presentation) acquisition of contaminated property can Negotiating the Letter of Intent 1.0 CLE credit Speaker: Sandy Swartzberg, Dewitt, Ross & seek an exemption from liability under Wisconsin’s Hazardous Substance Spill October 28, 2010 Stevens MBA Presents 12:00 – 12:30 p.m. (Lunch/Registration) Act, but must meet certain requirements. Importantly, the exemption does not relieve Estate, Financial, and Health Care 12:30 – 1:30 (Presentation) Planning for Elderly Clients 1.0 CLE credit a LGU from all environmental responsibility. Attorney David C. McCormack will provide Speakers: John A. Stocking, Petrie & October 14, 2010 a review of the legislation and DNR Guidance Stocking; Stephen A. Lasky, Moertl, Wilkins Civil Litigation with regard to this sometimes misunderstood & Campbell; Charles J. Stansberry, Jr., Arbitration vs. Litigation: Factors to Consider liability exemption. Schober Schober & Mitchell in Choosing the Appropriate Forum Speaker: David C. McCormack, McCormack Law 8:30 - 9:00 a.m. (Continental Breakfast/ In today’s economy where litigation is more 12:00 – 12:30 p.m. (Lunch/Registration) Registration) cost-driven then ever, this presentation will 12:30 – 1:30 (Presentation) 9:00 – 12:00 (Program) provide an overview of the advantages and 1.0 CLE credit 12:00 - 12:30 (Lunch will be provided) pitfalls of arbitration clauses, factors to 12:30 - 4:30 (Program) consider in drafting and negotiating arbitration October 21, 2010 7.0 CLE credits including 1.0 ethics credit clauses in contracts, and the real-world effects MBA LRIS CLE Program Ethically Screening Callers—Walking November 3, 2010 of arbitration as compared to litigation. Bankruptcy Speaker: Smitha Chintamaneni, von Briesen the Line To Effectively Navigate Potential Client Calls Chapter 128 Receiverships & Roper Speaker: Jeffrey Lee Murrell, Law Office of 12:00 – 12:30 p.m. (Lunch/Registration) Dealing with urgent situations, maintaining confidentiality, and distinguishing the fine Jeffrey Murrell 12:30 – 1:30 (Presentation) 12:00 – 12:30 p.m. (Lunch/Registration) 1.0 CLE credit line between general legal knowledge and information versus advice over the phone 12:30 – 1:30 (Presentation) October 15, 2010 Speaker: Ann S. Jacobs, Domnitz & Skemp 1.0 CLE credit MBA Presents 12:00 – 12:30 p.m. (Lunch/Registration) November 12, 2010 Making the New E-Discovery Rules Work 12:30 – 1:30 (Presentation) MBA Presents for You and Your Clients 1.0 CLE ethics credit Legal Ethics 2010 Speakers: Hon. Richard J. Sankovitz, (Free for MBA LRIS Panel Members) Speakers: Richard Cayo, Halling & Cayo; Milwaukee County Circuit Court; Mark F. Christopher Kolb, Halling & Cayo October 22, 2010 Foley, von Briesen & Roper; Matthew John 8:30 - 9:00 a.m. (Continental Breakfast/ MBA Presents Stippich, Digital Intelligence Registration) Accounting 101 for Attorneys 12:00 – 12:30 p.m. (Lunch/Registration) 9:00 – 12:00 (Presentation) Speakers: Brenda B. Brandt, CPA, Vrakas/ 12:30 – 1:30 (Presentation) 3.0 CLE ethics credits 1.0 CLE credit Blum CPAs & Business Advisors; and Terrence K. Rice, CPA Fee Schedule for 1.0 October 19, 2010 8:30 - 9:00 a.m. (Continental Breakfast/ CLE Credit Seminars Intellectual Property Registration) Lunch w/o Lunch Bilski v. Kappos: Recent Developments 9:00 – 12:00 (Program) MBA member $45 $35 and Practical Implications 12:00 - 12:45 (Lunch will be provided) Non member $60 $50 The Supreme Court's decision in Bilski 12:45 - 4:30 (Program) v. Kappos changed the landscape of 7.0 CLE credits including 1.0 ethics credit Support staff $45 $35 Messenger 7 The Reel Law Fran Deisinger, Reinhart Boerner Van Deuren Anatomy of a Murder That aside, Anatomy has something going of casting. The judge is played with dignity, 1959; running time 160 minutes for it that makes it uniquely suited for this authority, and authenticity by a real lawyer, review series: more than any other legal Joseph Welch. For those who don’t recall the Although there have been several distinct drama that I know, it gets what happens in name, a few years before this movie he said eras of great cinematic dramas, my favorite and out of court pretty much right. In the one of the most important and history-turning has always been the period of the late 1950s story, Stewart plays Paul Biegler, a lawyer in things any American lawyer said in the 20th and early 1960s that produced so many private practice because he has recently been century. To a demagogue from Wisconsin, he stellar films, shot in glorious black and voted out as district attorney. Biegler seems said, “Senator, you’ve done enough. Have white and often involving legal or political more interested in fishing than in practicing you no sense of decency, sir? At long last, themes. Think of 12 Angry Men, Inherit the law, but a murder case falls in his lap. The have you left no sense of decency?” As much Wind, Fail Safe, 7 Days in May, and To Kill a case involves a soldier (Gazarra) at a nearby as anything else, that courageous rebuke by a Mockingbird, and even the film I wrote about air base who has shot a man who raped his courtly Boston lawyer showed the American in the last issue of the Messenger, The Man wife (Remick). The problem for the defense public that the imperious Joe McCarthy had Who Shot Liberty Valance. is that he shot the rapist an hour after the fact. no clothes. Stewart enlists his tipsy but earnest friend Among all the great films of this era, my Of course, like all great stories, Anatomy of favorite is Anatomy of a Murder. Directed by and fellow lawyer, Parnell McCarthy (played by the wonderful character actor Arthur a Murder has its moments of humor, too. Otto Preminger and released in 1959, this is There are several classic courtroom memes a film deftly assembled from great parts into O’Connell), and the two proceed to develop a defense based on temporary insanity. For the enacted beautifully in this movie, including an even greater whole. It features a top cast, a wonderful “I’m just a poor country including Jimmy Stewart (again), George lawyer-viewer, the particular joy of the movie is the realism not just of the courtroom scenes lawyer” moment by Biegler, and perhaps the C. Scott, Ben Gazarra, and Lee Remick; best cinematic example of the “never ask a a brilliant score performed by none other that follow, with Biegler matched against a special prosecutor sent from the state capital question you don’t know the answer to” rule than Duke Ellington and his orchestra; great every trial lawyer learns the hard way. writing; and an exotic locale. This last feature to try the case (Scott), but also the interactions bears special note. It was generally unusual in between Biegler and his client, such as the Early in the film, there is a charming scene 1950s Hollywood to shoot dramas on location. particularly well-crafted scene in which when a slightly boozy Parnell McCarthy Sets were constructed on back lots, and one Stewart induces the soldier to tell him what shows up at Biegler’s door late one evening. exterior was as good as another to Hollywood happened in a way that allows him ethically The two bachelor lawyers pour themselves bean counters. As often as not, the location of to present the temporary insanity defense. drinks, and as Biegler begins noodling a jazz a story being made into a movie was simply Anatomy of a Murder is a movie so dense with theme on his piano, Parnell pulls a volume moved to California, or to “Anywhere, USA” great incidents and characters that I won’t of the Supreme Court Reports from the wall that looked just like California. And if a try to recount much of it here, but there are and says, “What shall we read tonight?” studio was going to the expense of shooting several facets of the courtroom scenes that Biegler and McCarthy may be “poor country on location, audiences typically expected deserve mention. First, the courtroom itself lawyers” on the edge of the American North, something like Hawaii or the Riviera. But is an imposing hall of American justice, with but they know they hold the majesty of the Preminger carried weight in the 1950s, and the judge seated in an almost throne-like law in their hands. It will come as no surprise he insisted that Anatomy of a Murder be shot enclosure. And it’s real—the courtroom still that they win the case, too. where it was set—of all places, in Marquette, exists in Marquette. To populate that bench, Michigan, on the shore of Lake Superior. Preminger used a particularly inspired bit Battle of the Barristers Benefits MJC MBA members and friends rocked at the Rave Sesquicentennial legacy, which helps low- on September 23 as seven bands—each with income, self-represented persons gain effective at least one lawyer musician—competed in the access to the justice system. Battle of the Barristers to benefit the Milwaukee Justice Center. About 150 people attended to Congratulations to Faith, Hope & Love— cheer on the bands. Three judges, including featuring Milwaukee County Circuit Judge MBA President Rachel Schneider, voted for Frederick Rosa—the winner of the Battle. their favorites. The others in attendance acted The real winner, of course, was the MJC. collectively as the fourth judge by depositing Thanks to all who participated! money in seven jars, each with the name of a competing band. All proceeds will fund MBA Battle of the Barristers emcee Jim Temmer the Milwaukee Justice Center, the MBA’s and Brass Knuckle Symphony, ready to rock 8 Fall 2010 There Oughta Be a Rule Honorable Richard J. Sankovitz, Milwaukee County Circuit Court

Have you ever found Rule 1.20.C. provides that the pre-filing oughta be a rule,” let us know. We’re always yourself frustrated that requirement does not apply to emergency looking at ways to make our courts run better the other side brought motions where time constraints may prevent for all concerned. My e-mail address is a motion rather than compliance, but the rule requires an ongoing [email protected]. talking to you first and “diligent attempt” after filing and before the trying to resolve the hearing to resolve the matter. Rule 1.20.D. dispute? provides that the rule does not apply to The MBA LRIS has a blog dispositive motions, such as motions to where the public can post legal questions! Have you ever submitted dismiss or for summary judgment, and http://www.mbaevice.blogspot.com/ a proposed order under actions in which court orders prevent contact the five-day rule and had between parties. Refer callers the other side object without suggesting a to it! better order? The rule contains one other common sense prescription, Rule 1.20.E.: if you resolve the Have you ever finished a response to a matter before the hearing, remember to call motion and wanted to send the response by the clerk and let us know. electronic mail, only to find that the motion lists no e-mail address? Five-day rule frustrations? Rule 1.21.B. specifically provides that if a party objects to Did you think, “There oughta be a rule”? a proposed order submitted under the five-day Well, in fact there is, at least in these three rule, the party must not only point out why the instances. From time to time judges and proposed order fails to “express the court’s clerks suffer the same frustrations on the intended or suggested order” but in addition same points, and so when the local rules were submit a counterproposal—a “proposed revised, rules were adopted to avoid these order consistent with the objection.” It’s not tribulations. enough to say that a party disagrees with what has been proposed. The rule puts the Shoot first, ask questions later? Local Rule rubber to the road, forcing the objector to 1.20 requires that “attorneys shall make a demonstrate how the order can be improved good faith effort to resolve differences to avoid what’s objectionable. informally before filing a motion.” This rule has been applied in the Family Division One principal effect of the rule is to reduce MBA for years, but in 2009 it became applicable the court’s workload. The judge may not in all divisions. The principal motivation for need to do any editing of her own; she may the rule was to avoid the waste of the court’s have two drafts to choose from. But even Mentoring time that sometimes occurs when the parties before competing orders hit the judge’s desk, show up for a hearing, negotiate on the spot, the rule might solve the problem altogether Program and then cancel the hearing. But an almost by smoking out the truly salient points of the equally important motivation for the rule disagreement, making it easier for the parties WHAT: A new program launched by the MBA resolve themselves. that matches new and experienced attorneys is to avoid the unnecessary effort required together. This match includes areas of practice, to prepare the motion and response in the Where’s that e-mail address when you size of firm, interests, etc. The goal is to gain first place. insight and guidance on what to expect and how need it? The rules give 21st Century to thrive in the legal profession. Before filing a motion, you must make contact recognition to the fact that electronic mail is “face-to-face or by telephone.” Electronic currently the most convenient way to contact WHO: mail, text, or hard copy is permissible, but others and convey documents to them. Thus, MENTORS: Those who have 5+ years of legal experience, are members of the MBA, and only if you can certify that “reasonable Rule 1.10.B.6. requires that “all documents submitted for filing . . . prominently state the are in good standing with the Office of Lawyer attempts to make face-to-face or telephone Regulation. contact failed.” electronic mail address of the person signing the document.” MENTEES: Those with less than 5 years of legal Furthermore, if you are unable to work things experience, are members of the MBA, and out, the motion must be accompanied by a The court is not quite yet on the verge of are in good standing with the Office of Lawyer written certification stating that you complied electronic filing, but when it gets there, e-mail Regulation. with the rule and also stating the “manner, addresses will be absolutely essential to the date, time and place of such conference or operation of the system. Maybe this rule will help us start getting in the habit now. For more information or for an application communication, and the names of all the please contact Britt Wegner at parties who participated.” If you encounter difficulties with the court or [email protected], or Amy Enger at [email protected]. There are exceptions, but they are limited. with adversaries that make you think “there Messenger 9 What You Need to Know About Electronic Filing in State Courts Valerie P. Vidal, Quarles & Brady

While electronic filing (or “eFiling”) is While each county circuit court decides to after the close of business is considered to well established in federal courts across the what extent it will accept eFiling, several have been filed on the next court day. country, state courts have been slow to catch counties are currently taking advantage of up. Over the past several years, Wisconsin the benefits the electronic system provides. The eFiling systems also permit a subscriber has taken several important steps toward The chart below identifies the counties now to view and opt-in to receive electronic initiating eFiling in all of the courts of the participating in Wisconsin’s eFiling system notices for other cases in which he or she state. for circuit courts. is a party or attorney. Notaries public can register for an account on the eFiling system, The initiative began with the creation of the which enables them to electronically notarize Circuit Court Automation Program in 1987. documents through the system. The program provided the courts with an internal filing system and eventually permitted After submission of a filing through the the publication of case information on the eFiling system, the clerk of circuit court will internet through the Wisconsin Circuit Court e-mail the filer a “Confirmation of Receipt of Access (WCCA) website in 1999. In July Documents” that contains an authorization of 2001, the State consolidated the Circuit number. This email simply confirms receipt Court Automation Program with the Office of the document(s) and does not mean the of Information Technology Services (OITS) document(s) have been accepted by the clerk to create the Consolidated Court Automation for filing. The filer must then use the eFiling Program (CCAP), which continues to be one system to pay any required filing fees, which of the country’s most sophisticated and well- are automatically calculated by the system. A used case management systems. $5.00 convenience fee is added to all eFiling transactions. Payment must be made by credit In the fall of 2000, the Director of State Courts card or electronic check. A 2.75% credit card created the Wisconsin Court Electronic fee or a $2.50 flat fee for an electronic check Filing Committee (WCEFC) and appointed is also added to each transaction. judges, district court administrators, clerks of court, registers in probate, CCAP staff, and After reviewing the eFiling submission for attorneys to consider the creation of a fully accuracy and payment, the clerk will e-mail the filer a “Confirmation of Acceptance of integrated eFiling and case management Parties interested in eFiling must create an system for the circuit and appellate courts. Filing” or a “Notice of Rejection of Filing.” account on the system with a valid e-mail If the filing is accepted, the filing party must The Committee immediately began to assess address. Users must then register a username, how to develop a system for the state and mail or otherwise serve on opposing parties password, and personal identification number the “Confirmation of Acceptance of Filing,” work with outside vendors to implement its (PIN) that will be used for logging in to the recommendations. which contains instructions to register for system and electronically signing documents. the eFiling system. In 2005, Washington and Kenosha counties Once an account is created, it enables users became test subjects for the e-filing system to log in to both the circuit and appellate As previously mentioned, use of the circuit the WCEFC created. Much like its federal court eFiling systems. Attorneys that opted court eFiling system in Wisconsin is counterparts, the circuit court eFiling to electronically report 2009 continuing legal voluntary and it may be used on a case-by- system enables the exchange of electronic education credits (via the website created case basis. Therefore, even if the case was documents via a secured website (http://e- for the Board of Bar Examiners at https:// initiated electronically, an opposing party filing.wicourts.gov, also accessible via clereporting.wicourts.gov/session/new) are may opt out of participation in the eFiling https://logon.wicourts.gov/login/login. already registered for both the circuit and system. If that should occur, the clerk will html?target=ccefiling). The participating appellate eFiling systems. scan paper documents received by the non- counties reported numerous benefits, which eFiling party to create a complete electronic Once registered, attorneys and pro se litigants case file. prompted the Wisconsin Supreme Court to may initiate civil, family, and small claims approve procedures for voluntary circuit cases electronically, pay filing fees, and file More information, including helpful step-by- court eFiling (as codified in Wis. Stat. § and serve documents on other parties through 801.17) and mandatory eFiling in appellate step instructions for registering and filing, the circuit court eFiling system. A document can be found on the Wisconsin Court System proceedings for attorneys (as codified in filed through the eFiling system has the same Wis. Stat. Chapter 809; eFiling available website, http://www.wicourts.gov/services/ legal effect as the original document, and use attorney/electronicfile.htm. at https://logon.wicourts.gov/login/login. of the eFiling system does not alter any filing html?target=acefiling). (In appellate matters, deadline. Additionally, a document eFiled eFiling does not eliminate the requirement of paper documents.) 10 Fall 2010 New Ray and Kay Eckstein Hall Emphasizes Role of Community in Law Study William P. O’Brien In ancient Rome, the forum was a hub of serves as the school’s trade, social interaction, and political and Chair of Strategic philosophical debate. When one walks into Planning. “There’s an Marquette University Law School’s new $85 intrinsic value added million, 200,000-square-foot Eckstein Hall, by bringing people into the scene is much the same. a common space.” Students exchange notes, discuss lectures, Throughout Eckstein and share coffee, while professors buzz Hall, the theme about, fielding questions and chatting with of openness and colleagues. A sense of synergetic movement transparency is clear. fills the air, finding its focal point in a four- The law library’s story, centrally located atrium. physical collection occupies the northeast The stunning Zilber Forum, named after corner of all four noted Milwaukee philanthropist Joseph floors, making Zilber, is an essential element in both the The expansive Zilber Forum is Eckstein Hall’s social hub. reference materials and Image courtesy of Marquette University building’s design and its function. The additional study space recently deceased real estate developer, a available without creating any feeling of A spacious café, workout facility, 600 full- Marquette alumnus, donated $5 million isolation. Kearney calls the result a “library size lockers, and 170 underground parking toward Eckstein Hall’s construction and without borders.” In addition, Kearney’s spaces highlight the list of Eckstein Hall’s $25 million for future scholarships in 2007. second-floor office is easily accessible and cushy extras. Sensenbrenner Hall, Marquette Law’s former is surrounded by the headquarters of student home, was built in 1924 and had become organizations and publications. Mike Koutnik, a first-year law student, said overcrowded. Eckstein Hall has everything a student could Kearney said he wanted to make sure students possibly need. His second-floor locker is “The forum is really a crossroads for the were comfortable in the new building. “A law ideal for storing textbooks between classes building, where all the major spaces open onto school, at its best, is a destination to which and keeping a sport coat handy for interviews it,” said Tom Ganey, Marquette’s University students go in the morning and really do not and presentations. And just a few weeks Architect. Added Joseph Kearney, Marquette wish to leave,” Kearney said. “We wanted into classes, he has already established a Law’s Dean: “The life of the law school will to provide a series of amenities that would somewhat regular routine and identified a happen in, through, and around it.” make the place feel like home.” favorite study space. continued page 12 Classrooms, group study rooms, and the law library naturally wrap around the central space, which is punctuated with a zigzag grand staircase. 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12 Fall 2010 2010 Golf Outing

Thanks to all those who participated in the Milwaukee Bar Association Foundation’s 22nd Annual Golf Outing. Though the day was Roger Davidson of Knight Barry a bit sticky and the Title prepares for the outing. bugs were out in full force, everyone had a good time. More importantly, nearly $20,000 was raised for the Milwaukee

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Judge Donegan speaks with Dawn Caldart Wisconsin Law Journal staff of the Milwaukee Justice Center. Jennifer Krausser and Sandy Folliard sell mulligans.

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Messenger 13 14 Fall 2010 Department of Natural environmental field is constantly changing Resources (WDNR) water and keeping abreast of those changes is critical Volunteer Spotlight management specialist; to success as an environmental practitioner. David Ruetz an environmental justice He notes that getting to know the speakers, Attorney David CLE, presented by in-house counsel for learning about their topics through dialogue Ruetz is Assistant a environmental non-profit group; CLE with them prior to their presentations, and General Counsel updates on various changes to the American ultimately attending the presentations has a n d S e n i o r Society for Testing and Materials (ASTM) been an excellent method of staying on top Environmental environmental standards by an attorney who of changes in the environmental field. is also an environmental scientist; a CLE S p e c i a l i s t David also recently became a mentor in the at GZA Geo presentation on environmental insurance by an expert in environmental risk management; MBA’s new Mentoring Program. He states Environmental, that the opportunity to share life experiences Inc. in Waukesha. a presentation on water rights issues by an in-house attorney with a title company; with a new attorney has been very fulfilling, David has served and a presentation on industrial hazardous and highly recommends that other attorneys as the Chair waste inspections by a WDNR compliance who are interested in sharing their experiences of the MBA’s specialist. David typically schedules six with a new attorney consider participation in Environmental Law Section for the past six CLE presentations per year. the program. years. In the past several years, the section has organized presentations on topics such as David states that serving as section chair wetlands regulation, presented by a Wisconsin ties in with his own practice, because the Crumbling Milwaukee County Finances Threaten to Degrade Circuit Courts Attorney Herman John, Deputy District Attorney (Retired) Alarming language regarding Milwaukee the state, Milwaukee municipalities, and [T]he ideal of providing a stable, sufficient County’s financial condition characterized regional or district boards; or (2) retain but court financing mechanism impervious to the two recent research reports by the Public significantly streamline County government political and fiscal forces that affect the other Policy Forum, Milwaukee’s independent, by transferring non-mandated services (e.g., branches of government is not realistic”. data-driven, non-partisan, non-profit, local parks, culture, transit) to separate districts government think tank. Public Policy and transferring health and human services The second report, titled “County Budget Forum President Rob Henken, speaking at to state government. Preview” (July 2010, 35 pages), discusses a September 28 seminar sponsored by the the County’s 2011 budget gap, which is MBA Courts Committee, asserted that annual The Milwaukee Journal-Sentinel responded projected to be $20 million. While the County County expenditure needs have increased to this report in a January 27, 2010 editorial has some short-term, one-time options, such faster than revenue streams for nearly a recommending that a Governor-appointed as asset leases and sales, furlough days, decade—a scenario that is likely to worsen task force perform for a function-by-function and deferral of pension obligations, these during the next five years and reach a peak review of County government. As of early only continue to “paper over the county’s shortfall of $126 million in 2016. September 2010, the Greater Milwaukee structural imbalance and are not in the long- Committee had taken no public action on term interest of citizens and taxpayers,” The reports, commissioned by the Greater the report, apart from supporting legislation according to the report. Possible longer-term Milwaukee Committee, concluded that “[t]he to create a special district and tax for the solutions are increased sales taxes for specific urgency of this matter cannot be overstated public transit system. That legislation was county functions (transit, parks), labor union . . . . [V]alued services in areas like parks, not enacted. agreement to significant additional reductions transit, mental health and public safety face in pension and healthcare benefits, and severe degradation without prompt and The January 2010 report (pp.64-71) includes greater allocation of state shared revenue for concerted action.” Jeopardized services a lucid explanation of the organization and courts and social services. obviously include our local circuit courts, financing of our circuit courts. The report which are 72% funded by the County. discusses two major options for improved These possibilities depend on political financing of the “Courts and District cooperation. If major changes prove to be The first report, “Should It Stay or Should Attorney”: (1) full state funding, or (2) politically unpalatable, however, another It Go?” (January 2010, 163 pages), was greater state funding—including transfer of cut-and-paste County budget appears likely issued six months before the O’Donnell more functions to the state. The report notes for 2011, which does not bode well for Park garage accident uncovered the that in 2002 a subcommittee of the Wisconsin retaining, let alone improving, the current County’s infrastructure crisis. The report Supreme Court Planning and Policy level of circuit court services. presents two basic options: (1) eliminate Advisory Committee considered similar County government, as Massachusetts options and found strengths and weaknesses Both Public Policy Forum reports are and some other states have done, by in both models, concluding “that there is no available on the PPF web site (www. transferring its functions variously to ‘right’ way to finance the circuit courts . . . . publipolicyforum.org). Messenger 15 A Guide to Food at the Law Factory Douglas H. Frazer, DeWitt Ross & Stevens The principal function of contributing attorney or staff member pays Does this make the legal factory more a law office is to produce for the food out of his or her own pocket. productive? I think so. It also makes the legal documents, an We acknowledge this generosity with smiles office a more pleasant place for clients to experienced colleague and thanks. Ever experience breakfast visit. It’s a nice gesture to be able to offer once told me. He was pizza? We do on a regular basis. Most staff a client a piece of pie, a bagel, or a slice of right. We do other and attorneys bring an “offering” on their fresh bread with their coffee. It’s nice to have things, of course. We birthdays. This is typically cake or pie or a candy jar in the reception area for clients to Douglas H. Frazer meet with clients. We bagels and cream cheese – but sometimes raid. It’s an important corollary to the critical then try to advance our clients’ interests. We fresh fruit or vegetables. One nostalgic insight a senior partner shared with me early do this on the phone, at meetings, in court. celebrator offered Ho-Ho’s, Twinkies, Ding- on: you can charge clients whatever rate you But in the end, our efforts almost always Dongs, and Hostess cupcakes. His contract want as long as you validate their parking. involve the creation of legal documents. was renewed. A mystery person brings in Lots of documents. These consist of a fresh challah every Friday morning. The From time to time we add some fun to the letters, memoranda, pleadings, contracts, trick is to mix healthy food with the snack food. Every quarter the office gets together agreements, formations, directives, and and dessert variety. For instance, one person for an ice cream social. (The firm springs memorializations of all kinds. We then bill keeps our kitchen stocked with organic for this.) Sometimes at this event we play for these services. peanut butter and whole grain bread. The party games. For instance, on New Year’s goal is to make available for general nosh Eve everyone brought in a small office item To produce and track these documents, a choice of healthy foods, or better-choice for a time capsule. At another we filled out lawyers typically rely on legal assistants snacks, to counterbalance the pervasiveness a workplace-appropriate “pleasure index” and other staff. A law firm is born. It’s a of junk food. concerning common tasks, like doing kind of legal document factory. If everyone laundry or returning books to the library. We gets along reasonably well and the factory To balance this caloric intake and to fight took turns guessing each other’s pleasure dwellers are happy, the factory hums. All the health insurance premium increases index priorities. Every year our staff plans a would acknowledge that a common social that it could occasion, we have a Wellness family friendly potluck/cookout during the lubricant of happy factory life is food. As to Committee. The Committee organizes group warm weather, after work, in a grassy area kind and proportion, however, precious little walks at lunchtime and exercise challenges. behind our office. We have a bean bag toss guidance exists. It sponsors guest speakers on healthy food contest. It’s simple and costs very little. choices. Participants get rewarded, somewhat So here are some thoughts. Free food, I’ve counterproductively, with food. Come to These events are easy to plan and easy to do. observed, is a productivity booster. In our think of it, maybe the Wellness Committee It helps create a positive office atmosphere. metro Milwaukee firm of about 25 lawyers should rethink the rewards program. and staff, the food is ever present. Several Do office tummlers serve a business Monday mornings a month we walk in to Sometimes there are issues. We hide the purpose? Can we reconcile food and fun firm-provided treats. Most often, though, the chocolate stash. We have to. with professionalism and profit? In proper doses, I think yes. Will we ever be able to cancel the gym membership? At this rate, and in this factory, I think no. WI Solo & Small Firm Conference October 28-30, 2010 Wilderness Resort, Wisconsin Dells Program topics include: • Creating Succession Plans • Task Management Systems • Social Media • Dealing with Difficult Clients • Digital Dictation and Scanning • Disaster Planning • PC Maintenance For more information or to register, please visit www.wssfc.org or contact Britt Wegner at [email protected]. Follow us on Facebook and Twitter and be eligible for special prize drawings!

16 Fall 2010 A Guide to the Road Less Milwaukee Bar Travelled: Deeds in Lieu of Foreclosure Association Dawn Lindsey, von Briesen & Roper Mission In this troubled economy, lenders and and obtain a non-merger endorsement to the Statement borrowers alike often end up on the beaten lender’s title policy. It is equally important to path to foreclosure. If the borrower and the preserve the underlying debt, in order to keep Established in 1858, the mission of the lender enjoy a cooperative relationship, the mortgage document alive for a possible Milwaukee Bar Association is to serve the however, a deed in lieu of foreclosure can be foreclosure. Although preserving the debt interests of the lawyers, judges and the an attractive alternate route for both parties. may seem contrary to the borrower’s goal people of Milwaukee County by working to: in a deed-in-lieu-of-foreclosure transaction The biggest advantage to a deed in lieu of (that the borrower be released from personal • Promote the professional interests foreclosure is that it provides a shortcut liability for the debt), both objectives can of the local bench and bar to the same destination as foreclosure: the be accomplished by language in the parties’ • Encourage collegiality, public ownership of the mortgaged property by the agreement acknowledging that the debt is not service and professionalism on lender for the purpose of selling it to a third extinguished but also that it has become non- the part of the lawyers of party. A traditional commercial foreclosure recourse. Southeastern Wisconsin takes at least ten months from the filing of the • Improve access to justice for complaint to the confirmation of the Sheriff’s There are three important guides a lawyer those living and working in sale and transfer of title. A deed-in-lieu-of- should consult in evaluating whether a deed Milwaukee County foreclosure transaction saves both the lender in lieu of foreclosure is the right path for his or • Support the courts of Milwaukee and the borrower the time and expense of a her lender client: the Phase I environmental site County in the administration foreclosure proceeding. (This time-saving assessment, the title insurance commitment, of justice potential may be lost, however, if negotiations and the appraisal. The lender will not want • and Increase public awareness become protracted.) It also spares the borrower to take title without a clean environmental of the crucial role that the law the bad publicity that often ensues from a assessment, and without knowing what plays in the lives of the people of foreclosure lawsuit, and provides the lender liabilities it may be incurring under any Milwaukee County. with the opportunity to obtain the information development agreements or condominium and documents it may need to operate or declarations recorded against the property develop the property prior to a sale. (evidenced by the exceptions on Schedule B-II of the title insurance commitment). An Ileene K. Levine The concept of a deed-in-lieu-of-foreclosure appraisal is helpful in establishing the fair transaction is simple: the borrower conveys market value of the mortgaged property. If the Consulting the mortgaged property to the lender amount of the outstanding debt is materially in consideration for the release of the less than the property’s fair market value, the borrower and/or guarantor(s) from some lender may be subject to a fraudulent transfer Legal Technology or all liability to the lender. Although the claim by other creditors or a bankruptcy concept may be simple, a deed-in-lieu-of- trustee. A subsequent fraudulent transfer claim Experts foreclosure transaction typically requires a is a particularly significant risk to the lender if “Ileene K Levine lot of documentation (e.g., an agreement, a the borrower has other debt problems. If there Consulting offers practical deed, a transfer tax return, a title insurance is a fraudulent transfer risk, the lender may solutions for Billing & Case Management, Document Assembly commitment, an owner’s affidavit, an estoppel be better served by a “friendly foreclosure,” & Document Management in order to affidavit, and a gap affidavit). The deed and where there is a stipulation to judgment and improve profitability and efficiency.” the agreement, in particular, require careful the redemption period is waived in exchange drafting. for releasing the borrower from liability, Programs because a regularly conducted Sheriff’s sale • Tabs3 & PracticeMaster • AmicusAttorney After the mortgaged property is conveyed avoids that risk under Wisconsin law. • Worldox to the lender, the lender will hold both the • HotDocs mortgage estate and fee estate in the property. Although it may be the road less travelled, a • CLIO Under Wisconsin law, these two estates will deed in lieu of foreclosure, when diligently Services merge unless the lender expresses its intent navigated, can be an advantageous option for • Automation Planning and Implementation in the deed and the agreement to keep them both lenders and borrowers. • Software Installation separate. Merger has the effect of extinguishing • Configuration the mortgage, and the consequences of such a • Customization Pro Bono Event • Training merger could be significant for the lender: if • Ongoing Technical Support any junior liens remain against the property, the at the Milwaukee Bar Association lender will lose its right to foreclose those liens. October Therefore, the lender’s lawyer should always 414-352-7665 include non-merger language in the documents Sponsored by Quarles & Brady [email protected]

Messenger 17 Learnedness in the Law: a Brief History of Legal Education in Milwaukee Attorney Hannah C. Dugan, UW’87

During the past year, the Wisconsin Supreme now Wisconsin. In Milwaukee and elsewhere, founding of the State Bar, the Legislature Court has considered petitions regarding the men practiced law before military and local passed several successive bills regarding unauthorized practice of law and the merits (sometimes territorial) courts with no more legal education, bar membership, admission of the diploma privilege. The petitions credentials than showing up and having a standards, and the creation and purposes of demonstrate that the qualifications of a judge admit them to practice. After statehood, a board of examiners.iii Chapter 63 of the learned lawyer, worthy of the public trust Milwaukee lawyers were more likely than Laws of 1885 established the hierarchy of in Wisconsin, are as much in play today as not to train according to the de facto means admission to practice rules. Through the they were in 1848 when Wisconsin gained of law study at the time: they “read the law” exclusive “diploma privilege,” UW-Madison statehood. Legal education standards also under the auspices of local practitioners, who graduates enjoyed admission preference have been in play for decades, especially chiefly studied the law on the East Coast over other graduates of Wisconsin legal between the 1880s and the 1930s when the before venturing to the Midwest. institutes and law schools. The production key components of the modern American of a diploma issued by the Board of Regents legal profession—legal education, bar Beginning in 1841, Milwaukee lawyers was a UW graduate’s ticket to legal practice associations, bar admission, and professional met at bar suppers to discuss law and civic in all courts, while other students had to pass standards—merged and emerged to shape matters, and otherwise to edify themselves. examination and residency tests. the current practice of law. The dedication Their collegial dinners were formalized into of Marquette University Law School’s a bar association in 1858. On May 23, 1858, a The incorporation of law schools and landmark building offers the occasion to committee of the bar reported that its assigned institutes became common throughout the recount landmark events in local legal task to pursue law library incorporation United States. The profession’s leaders education.i statutes was completed, and was enhanced created a true movement away from “reading by passage of legislation authorizing law the law” (and then proving admission through Early Legal Education in Wisconsin school incorporation, as well, as codified in examination) toward becoming learned in and Milwaukee placehldr Chapter 126 of the Laws of 1858. The many the law and exposed to standard courses in For decades before statehood, lawyers toasts offered on the evening of the new its study. Indeed, by 1903 the Legislature practicedWILMIC MilwBar-4 and judges 9/10/10 adjudicated 3:23 PM in Page what 1 is association’s June 1858 bar supper included required a three-year period of legal study. the solicitation that the By 1905, a supreme court rule required that “members of the Milwaukee bar applicants have a four-year high school “ We work to protect your practice by Bar. . . ever-advancing in diploma or certificate of examination. By carefully managing our resources numbers, may increase 1924, the court and the Legislature required and growing our assets.” equally in solid learning, in practicing attorneys to complete high school, spotless integrity, in fidelity two years of college, and three years of law to clients and in honor, good study in a full-time law school (or four years fellowship and harmony of study in a part-time or night program.) amongst themselves.” It should be noted that in 1912, the local Within four months, eight bar earned an important feather in its cap. It committee members became hosted an American Bar Association meeting investors in the incorporation during which the central topic concerned the of a legal institute. With a transformation of legal education. Persons $100,000 stock subscription, no less prominent than Harlan Stone were the members filed with in Milwaukee chastising practitioners the clerk of court the for teaching law before having adequate incorporation documents experience practicing law. to establish and operate a law institute and law library The Transition from Many to One association in Milwaukee.ii Law School in Milwaukee placehldr No documentation exists Because law was a secondary “job” or to show that the institute aspiration for many law school attendees, Linda, Patty and Frank of our finance and technology teams. actually opened, but the they could only accommodate studies investment itself reflected after daily work hours. Therefore, students movements and intents to commonly enrolled in night law schools. formalize lawyer training Early on, Milwaukee followed this pattern. for bar membership and The most notable night school or institute, Professional liability coverage for solo and small firm practices in Wisconsin since 1986. the Milwaukee Law Class, was established Madison WI • 800.373.3839 • wilmic.com admission. in 1893 by three bar members and operated In the years after the 1878 continued page 20 18 Fall 2010 Milwaukee Justice Center Milwaukee Justice Center Launches Website Donor List $75,000+ The Milwaukee Justice Center (MJC) Milwaukee Bar Association, the Milwaukee The Davis Family announced the release of its user-friendly Bar Foundation, Milwaukee County, and Foley & Lardner website, www.milwaukeejusticecenter.com. Marquette University Law School. It was Habush Habush & Rottier This website increases access to justice created to assist self-represented litigants and for self-represented persons throughout other self-represented persons in need of legal $10,000-$74,999 Milwaukee County by expanding the MJC’s assistance. The underlying philosophy of the Francis Deisinger & Judy Markowski services to the Internet. Now self-represented project is that self-represented persons have a The Faye McBeath Foundation persons have 24/7 electronic access to the fundamental right to access the justice system Northwestern Mutual Foundation vital information and forms available in the even if they cannot afford an attorney or do not Quarles & Brady Self-Help Center, which is located in the qualify for legal aid. The MJC is a volunteer- $1,000-$9,999 Milwaukee County Courthouse. based project that addresses the unmet legal Becker & Hickey needs of Milwaukee County’s low-income, Croen & Barr Currently, www.milwaukeejusticecenter.com self-represented population by providing offers self-represented persons information Greater Milwaukee Foundation services such as self-help desks, brief legal Gene and Ruth Posner Foundation about divorce, child support, custody, small advice clinics, and other legal resources. Hon. Michael J. Skwierawski claims, foreclosure, landlord-tenant issues, Weiss Family Foundation Chapter 128, and name changes, and the MJC Joseph and Vera Zilber Family Foundation hopes to expand this list in the near future. Those who visit the site will find information Other about the MJC’s services, hours, and location, as Charles H. Barr well as links to community and legal resources. John Barrett The site also contains MJC annual reports, Donald S. Buzard testimonials, and volunteer opportunities. in memory of Ralph von Briesen Sue Colburn The Milwaukee Justice Center (MJC) is Hon. Timothy Dugan a private-public partnership among the Marcia Facey Joshua Gimbel Roy S. Ginsburg Jonathan Gruhl Margaret Hirschi Employers Gain Flexibility in Hon. Dale Ihlenfeldt Jaskolski & Jaskolski I-9 Form Management Patricia D. Jursik Kelly Fortier and Jose Olivieri Hon. Joan Kessler Lisa Lawless The Department of Homeland Security instruction pages. Susan Lovern (“DHS”) adopted an interim rule in 2006 • Employers may implement an electronic Hon. Margaret Dee McGarity David and Anne Peterson that permitted employers to electronically storage system for the management of Justice Patience Drake Roggensack sign and store I-9 Employment Eligibility Form I-9, provided that the system includes Rachel A. Schneider Verification Forms. After considering public indexing capabilities that allow for the L. William Staudenmaier comments related to this interim rule, DHS identification and retrieval of relevant recently published a final rule that affords records maintained by the electronic of a Form I-9 transaction to the affected employers greater flexibility in completing, system. Additionally, employers must employee, but such confirmation is not signing, and storing I-9 Forms electronically. ensure that they retain existing I-9 Forms required unless the employee requests it. If Effective August 23, 2010, the final rule in a system that remains fully accessible. an employee does request confirmation of provides the following guidance related to • Employers are not required to maintain a Form I-9 transaction, the employer must the management of I-9 Forms: an audit trail that records every instance provide this confirmation to the employee in which an electronic Form I-9 is simply within a reasonable period of time after • Employers must complete a Form I-9 for viewed or accessed. Rather, employers the transaction. each employee within three business days must update a Form I-9’s audit trail only (not calendar days) of the date on which when a Form I-9 is created, completed, Employers should be aware that over the employment begins. updated, modified, altered, or corrected. past year, DHS has significantly increased • Employers may use paper, electronic The audit trail should include the date of its use of I-9 audits as an immigration systems, or a combination of paper and access, the identity of the individual who enforcement measure. This increase in I-9 electronic systems to complete a Form accessed the electronic record, and the audits has resulted in large civil penalties, I-9. Employers are required to retain only particular action taken. as well as federal criminal charges in some those pages of the Form I-9 on which • Employers may provide confirmation, such cases, against employers that were found to the employer or employee enters data; as a printed copy of the electronic record, have violated U.S. immigration laws. employers need not retain the form’s Messenger 19 Learnedness continued from p. 18 (later Wisconsin) Avenue. From September credentials. Inasmuch as AALS served as 1910 until July 2010, the school was in its the de facto “accrediting” entity at the time, at several successive rented downtown own separate building at that location. After Marquette did not want to risk having its locations. It later changed its name to the the Mackie Building was razed in 1923, the AALS membership revoked. Milwaukee Law School (MLS). After fifteen College of Law was temporarily relocated years of operation, the school had graduated in other university buildings pending the By 1919, AALS was insisting that Marquette over a hundred students. erection of a building on the same site to eliminate its night program, and Marquette house the newly designated Law School. The was insistent that it should continue because In 1908, Marquette University negotiated two new building, dedicated and opened in 1924 the city did not offer another night school deals: a simple negotiation to purchase the and renamed Sensenbrenner Hall in 1954, option. The battles—influenced by Wisconsin failing Milwaukee University Law School was built at a cost of $1,000,000. A major admissions legislation and Midwest cultural for $175, and a more complex negotiation gift of $50,000 paid the expenses of the differences, and driven by powerful and to acquire the MLS. The MLS deal included reading room, which was modeled after the critical personalities at both Marquette and adding a day program to the night program, Great Hall at the Inns of Court in London. at AALS—were waged for years and often in assumption and payment of all MLS debts, a ways that undermined collegiality. In the end, payment of $6,000 for the goodwill and name The Emerging Identity of Milwaukee’s Marquette retained its AALS membership of the school, a five-year restrictive covenant Only Law School placehldr and therefore its “accreditation,” but in doing by the three teachers who were selling the Marquette’s acquisition of two law institutes so gave a good deal of ground. Practitioner school not to teach for a competitor, and an set off a series of battles for the new school. faculty members eventually were replaced agreement to educate and issue Bachelor of The least of the battles was the school’s largely by academics. Library acquisitions Laws degrees to the school’s matriculated move from being an affiliate of the university met more than minimum standards. In students who wrote and passed the Wisconsin to being an integrated college within the 1924, night classes began to be phased bar exam. (Marquette eventually conferred university. This eventuality—of leveraging out. “Accreditation” as a Class A school in LL.B.s to 147 MLS students.) the established university—gave the law 1925 by the American Bar Association was school a bit more gravitas as it faced its other awarded only after Marquette agreed to Beginning September 26, 1908, all Marquette two chief battles from the 1910s to the 1930s: close the night school. It wasn’t until the College of Law courses were taught by maintaining a night school and eliminating beginning of the millennium that part-time practicing lawyers and sitting or retired the diploma privilege in Wisconsin. evening programs returned to Milwaukee judges. The classes were held initially in legal education in a very formal way, and available campus classrooms, then were Night School Battles placehldr were marketed vigorously. concentrated in Johnston Hall until 1910, By 1912, Marquette’s three-year day after which the College occupied the Mackie program curriculum and four-year night Diploma Privilege Battles placehldr Building, a remodeled residence located on program curriculum were grand attractions Legislation introduced in 1913 by some the southwest corner of 11th Street and Grand for future lawyers in Milwaukee. Indeed, Marquette faculty sought to reform admission by 1908 Milwaukee, unlike policies, including abolition of the diploma other similarly sized and privilege—a bar membership advantage similarly situated cities, had only available at the time to graduates of no other night law schools. UW-Madison Law School. For the next two The academic opportunities decades, numerous legislative bills were rationale for maintaining introduced, debated, and lobbied to eliminate the night school option was the privilege. The arguments lodged were compelling. And, of course, that professionalism and law study standards that academic mission were compromised by the diploma privilege, was more palatable than that the privilege being exclusively extended Marquette’s concomitant to Wisconsin graduates gave the school an financial and professional- unfair advantage in student recruitment, development rationales for and that the privilege for state-supported maintaining the night school. Wisconsin students prevented them from Hanging in the balance was “proving” law study proficiency and legal the school’s membership in acumen. As late as 1932, Marquette’s dean the American Association of continued to write the Legislature regarding Law Schools (AALS), and the school’s opposition to the diploma therefore its standing, prestige, privilege. In the end, the 1933 “Fons bill” and academic credibility passed, adding Marquette Law School among its peer institutions. graduates, who were state residents and Retaining membership in otherwise qualified, eligible for supreme the fledging AALS meant court admission under the diploma privilege, that Marquette had to meet effective 1935. emerging curriculum standards and the parallel professional In 1960, state legislation required for the first requirements for library time that all future Wisconsin lawyers must collection size and faculty continued page 22 20 Fall 2010 Pro Bono Corner: Volunteer Lawyer Project Family Law Cases The Pro Bono Corner is a regular feature who moved out while she was pregnant, and described her experience with her first two spotlighting organizations throughout the whom she had not been able to contact since VLP assignments as a “great way to get an Milwaukee area that need pro bono attorneys. he left. introduction to family law, which is such an More organizations looking for attorney important area of law for so many people.” volunteers are listed in the MBA’s Pro Bono Of course, the family lawyer role can be She feels that she has gained valuable Opportunities Guide, at www.milwbar.org. daunting for attorneys, as well as for their experience in building relationships with clients. The VLP offers considerable support clients who are experiencing an especially Legal Action of Wisconsin’s to overcome that barrier. Many pro bono difficult time. Attorney David Bordow, who Volunteer Lawyer Project lawyers take advantage of the VLP’s free once practiced regularly in family court but Contact: Pat Risser CLE-approved family law training, which now concentrates on juvenile and criminal Office: Legal Action of Wisconsin, Inc. includes a Basic Track covering basic work, has volunteered for one divorce case at 230 W. Wells Street Street divorce procedure and substantive law. An a time since 1994. He has enjoyed working Milwaukee, WI 53203 Intermediate Track focuses on developing a with the VLP’s clients, noting that they have Phone: (414) 278-7722 custody or placement case, and negotiating “provided me with all I need to do the job Fax: (414) 274-3096 and drafting marital settlement agreements. for them.” Email: [email protected] Details about the next training, which will take place November 12, 2010 at Adds Bordow: “I can give a little back to For thirty years, Legal Action of Wisconsin’s Waukesha Area Technical College, are the community, which I think all lawyers Volunteer Lawyer Project (“VLP”) has available at www.legalaction.org (click on should do.” involved private attorneys in representing the “Volunteer Lawyers Project” under the Legal poorest members of the community in court Action logo). for free. The VLP recruits pro bono attorneys for a range of cases, including landlord- The VLP also offers comprehensive manuals tenant, public benefit, driver’s licensing, to volunteer attorneys, in addition to technical consumer, and elder law issues. But 30% of support and mentoring by Legal Action’s Pro Bono Legal Action’s cases—and a significant need staff. It helps pay extraordinary expenses within the VLP—is in family law. of representation such as obtaining medical Week records, private process service, witness fees, Well over 60% of family law litigants in the and discovery and interpretation expenses, as October 15 United States is pro se. While some of these long as they are pre-approved by VLP staff. 5-7 p.m. individuals choose to proceed on their own, Lawyers representing Legal Action clients a significant number do not have an attorney are covered by Legal Action’s professional A celebration of pro bono efforts because they cannot afford one. Experienced liability insurance. family lawyers understand that they are not here in Milwaukee! just advocates in family law cases; they also Attorneys who do not typically practice serve as counselors, teachers, negotiators, in family court have had real success Contact Britt Wegner at and protectors. Pro se litigants, particularly representing parties in family disputes those who do not speak English, those with through the VLP. Attorney Summer Carlisle, 414-274-6760 limited education or experience in the legal a first-year associate at Hawks Quindel for more information. system, and those with disabilities, are at a who practices labor and employment law, real disadvantage without a lawyer.

This is where the VLP makes a difference. While the VLP mainly refers divorce WestLaw Wednesdays cases, it occasionally recruits lawyers for child support, placement. and custody FREE Lunch & CLE Seminars modifications. The need for attorneys to assist in these cases is great. For example, Pre-Approved CLE Programs on the 1st Wednesday of Each Month the VLP recently sought a volunteer attorney 11:30 – Noon (lunch/registration) • Noon – 1:00 (presentation) to handle the divorce filed by a woman against her abusive husband, who works in Wed., Oct. 6 Litigation Resources on Westlaw the cash economy while the client supports Wed., Nov. 3 Ethics and Prof. Responsibility Research on Westlaw their child, pays the household bills from her wages, and attends school. Another case Wed., Dec. 1 Ethics and Prof. Responsibility Research on Westlaw involved a disabled man in his late 50s, living on SSI income, who sought a divorce from a Presenter: Dave Schavee, Thomson West Lunch is provided compliments of woman from whom he had been separated Milwaukee Bar Center for several years. In a third case, a Spanish- 424 E. Wells St., Milwaukee, 414.274.6760 speaking client sought to divorce a husband Messenger 21 Marquette continued from p. 20 the request for a second public law school body. The design itself of the new Marquette location, a study committee in 1972 most University Law School building— with be graduates of law schools. In 1966, a State urgently recommended the University of its massive, unfolding atrium; its banks of Bar legal education committee supported both Wisconsin-Milwaukee. The study cited windows; and its borderless library—reflects law schools’ decisions to grant the Doctor Milwaukee as the preferred choice according that legal education continues to be open of Jurisprudence, rather than to continue an to a number of rationales, any one of which and evolving, intent on illuminating the next LL.B curriculum. In addition, the committee could have urged the founding of a second generations of Milwaukee lawyers. recommended uniformity between the two public law school in Milwaukee or could have i schools in degrees awarded, standards to be induced opposition to a Brew City location. The sources for this article include: Berryman, John, met by degree recipients, and the granting of ed., History of the Bench and Bar of Wisconsin, Vol. The rationales included: 1) the inadequacy I (H.C. Cooper, Jr. & Co., Chicago 1898); Abbott, doctorates to alumni with LL.Bs. of Green Bay campus buildings would cause Austin, Existing Questions on Legal Education, Yale delay and cost about $5,600,000 in building Law Journal, Vol. III, No. I (October 1893); The Mid-Century Legal Education construction and library development, Making of Modern Law (Gale 2010); The Bench Movements Hit Milwaukee and the Bar of Wisconsin: History and Biography, while UWM could integrate the law with Portrait Illustrations (Milwaukee 1882); Stone, Since the early days of the local bar school almost immediately and for about Harlan, The Importance of Actual Experience at the Bar as a Preparation for Law Teaching, American Bar associations, a primary reason for membership $150,000; 2) in an increasingly litigious culture, the economics and demographics Association Publication (August 1912); Habermann, was to educate each other about new cases and Philip S., A History of the Organized Bar in Wisconsin legal trends in informal and formal settings. of the state’s largest city would best be (Madison 1986); Boden, Robert, The Marquette Law In 1953, Marquette Law School, of its own served by the proposed public institution; School: 1892-1928 (Milwaukee 2006); Boden, Robert, Brief History of the Marquette University Law School, volition, began to offer the bench and bar 3) the dearth of women and minorities in Wisconsin law schools was exacerbated by (Milwaukee 2005); Boden, Robert, 1916 Proceedings continuing legal education. A decade later, Against Marquette Law School by the Association of the school joined the Institute of Continuing the distance of the concentrated populations American Law Schools: Part 2 of a Series of Articles Legal Education of Wisconsin (CLEW) to of each from Madison or by the costs of on the Early History of the Marquette University Law School (Milwaukee 2006); The Story of Evening Legal offer practicing attorneys continuing legal relocation to Madison for cheaper tuition; and 4) the increasing number of law school Education at Marquette University: Part 4 of a Series of education. This formal collaboration with the Articles on the Early History of the Marquette University UW Law School and State Bar of Wisconsin applicants denied admission afforded a Law School (Milwaukee 2007); Marquette University only lasted three years. After mandatory reasonable projection that another Milwaukee Bulletin, College of Law (Milwaukee 1913); Marquette University Bulletin, College of Law (Milwaukee 1922); continuing legal education began in 1977, law school would not affect Marquette’s enrollment numbers. A Report by the UWM University Committee on the the local law school opened its Center for Creation of a Law School at UWM (Madison 1973). Continuing Legal Studies. In addition, the A second public law school or indeed a ii various local bar associations began to The original stock amounts were pledged from the third law school in the state has not yet been eight members (individuals and firms), each of whom regularly offer CLEs, and to replenish their accredited. But on reflection, the rationales posted from $500 to $2,000. coffers with CLE fees. Local law firms began of the 1972 study anticipate the necessary in-house CLE programming soon thereafter. iiiChapter 310 of the Laws of 1891 related to board changes in legal education during the past of examiners uniformity in standards; Chapter 174 of In the early 1970s, when the supreme 40 years. In Milwaukee, the results of these the Laws of 1897 related to standards and credential changes have been: 1) institution of admission presentation of out-of-state attorneys requesting bar court approved the Student Practice Rule, admission reciprocity. legions of law students were commissioned selection processes that encouraged retention to supervising attorneys and clinical and therefore a growth in bar membership, ivBy the late 1970s, the Milwaukee Bar Association programs throughout the Milwaukee courts, 2) increased numbers and percentages membership no longer was the only means by which local lawyers organized themselves. The MBA had long nonprofits, and government practice areas. of minority and female attorneys, 3) an economically and demographically diverse since been joined by its Junior Bar, the Association As had been the case a century before, for Women Lawyers, Serjeant’s Inn, Inns of Court, private practitioners again provided students applicant pool, and 4) increased access to the Association of Trial Lawyers, and a host of other with legal practice guidance that “counted” enrollment by working students through specialty bars. towards bar admission. Ironically, at the the reinstitution of the part-time/evening same time that the law school faculty law school curriculum. All these increasingly became full-time academics developments show progress in addressing and thereby supplanted the law office as the the legal education concerns raised by the place of student preparation, the curriculum 1970s study. was being retooled for practicums and clinics Conclusion under practicing attorneys’ tutelage. Green Bay (or any other state campus, for Also during the early ‘70s, yet another call that matter) still hasn’t broken ground for a for more Wisconsin law schools occurred. law school building, nor is any other private This time University Chancellor H. Edwin or public law school seriously in the works Young passionately made the case for 1) for groundbreaking. As of September 8, the reduction of Madison’s class sizes 2010, Marquette and Milwaukee host a state- Classifieds (supposedly in response to accreditation of-the-art law school facility designed also Milwaukee Downtown: Fully furnished and market forces) and 2) the need for more to serve the local bar, bench, and public; a office to share w/2 established attorneys; trained lawyers in the state in order to remain building that facilitates both civic discourse paralegal services; parking. Call Nancy @ economically competitive. In response to and the needs of an ever-changing student (414) 225-0225. 22 Fall 2010 Still Using Paper? Never LOSE, MIS-FILE or COPY that page again! Do you have a collection of papers that you still need to refer to? We can help you to create greater efficiency. Stop digging through file cabinets and boxes to find it. ELIMINATE the chance of it getting lost, mis-filed or destroyed and all for about the same cost of making ONE copy of it. 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