General

Individuals have a right to self-representation in Wisconsin courts and in federal court.[1]  Pro se is Latin for “on one's own behalf.” When a litigant proceeds without legal counsel, they are said to be proceeding “pro se.” See, e.g. Rivera v. Florida Department of...

In today’s fast paced world, there is no end to the types of scams that target people of all ages, income levels and backgrounds. According to the Federal Trade Commission, one out of every ten adults in the United States will become a victim to a scam or fraud every...

Spoliation is the “intentional destruction, mutilation, alteration, or concealment of evidence.”[1] The legal maxim In odium spoliatoris omnia praesumuntur means “all things are presumed to the prejudice of the despoiler.” If a potential litigant or party destroys,...

In Wisconsin, all-terrain vehicles (ATVs) and utility terrain vehicles (UTVs) are becoming increasingly popular not only for recreation but for travel between and within local communities. In turn, more cities, villages, towns and counties are opening roads, streets...

Many people are aware that gift taxation rules exist, but do not understand the actual process for determining when reporting or payment is required. Fortunately, the types of gifts most people make each year fall under broad exclusions to the gift tax rules such as...

During the Public Health Emergency (PHE), the State of Wisconsin was required to keep people enrolled in Medicaid as a condition of receiving a temporary increase in the federal share of Medicaid costs.  When the PHE ends (recently extended to January of 2022) so will...

When someone dies and leaves you property in their will, by beneficiary designation, or through the intestate beneficiary laws of their state, it is possible, and sometimes wise, to reject the would-be inheritance by “disclaiming” your legal interest to it. However,...

There is an elephantine book with 995 chapters that most Wisconsinites know exists, but no one has ever read cover-to-cover. The topics in this book are eclectic and cover a staggering range of subjects from “wild animals and plants” to “communicable diseases” to...

Mediation is a private process for resolving disputes by which an independent mediator assists the parties in reaching a mutually satisfactory settlement. While the courts can require that some cases go to mediation, the process remains voluntary in that the parties...

Harassment restraining orders are appropriate when another person threatens, attempts or does strike, shove, kick or otherwise subjects you to physical contact; or repeatedly acts in a harassing or intimidating manner toward you for no legitimate purpose.  These types...

As of late, Wisconsin courts have been grappling with one of the most important questions facing the nation: What is a garage? Is it defined by size or exterior proportions? Do the construction materials define what it means to be a garage? Attached or detached? Is it...

The constitutional right to a jury trial does not take a back seat to coronavirus (COVID-19.) Yet, COVID-19 has impacted the ability of courts to supply juries for trial. The Seventh Amendment codifies the right to a jury trial not only for criminal trials, but in...

If you were trying to get yourself to sleep by perusing the Wisconsin Statutes on Insurance Contracts, you may run across Wis. Stat. § 631.83(1)(a) – statutory periods of limitation on fire insurance.  The section states: “An action on a fire insurance policy must be...

A supported decision-making agreement is a method of decision-making available to individuals with disability through an arrangement with another trusted person. These agreements give individuals with functional impairments the ability to create a formal arrangement...

The Wisconsin Supreme Court, by a 4-3 vote, invalidated Wisconsin’s Safer-at-Home Order, also known as Order #28.  It issued that decision on May 13, 2020. Here are five key takeaways to consider in the wake of that decision: 1.)  As of this writing, Order #28 is no...