December 2023

There are two processes for processing thoughts. One process addresses a lot of our needs. It monitors for threats and opportunities. It is mostly controlled by the amygdala, which means it is a lot of emotion and actions being acted upon unconsciously and automatically. It bypasses the neocortex. The other process lives in the neocortex and is conscious and rational. This takes a little longer (sometimes only seconds longer, but often much longer). It weighs and analyzes.

Stuff
Continue Reading State Your Intentions

6 Benefits of Using Mediation to Resolve Legal Disputes
 Posted on December 19, 2023 in Medical License DefenseBlog ImageThere are numerous situations where people or organizations may encounter legal disputes. While civil litigation may be necessary in certain situations, resolving disputes in the courtroom can be expensive and time-consuming. To resolve disputes more efficiently and effectively, parties may choose to use other methods, including mediation. An attorney who has experience working with parties to address and resolve
Continue Reading 6 Benefits of Using Mediation to Resolve Legal Disputes

happy-sad masks As attorneys, we must balance our duties and responsibilities between protecting our clients and following our own ethical obligations. The
Supreme Court Rules provide guidance but even with that direction, the practical application can be difficult. The Ethical Landscape While most communication with a client is protected by the well-known attorney-client privilege under Supreme Court Rule (SCR) 20:1.6, it does not allow for perpetuating certain conduct, including lying to the tribunal. Wisconsin attorneys are bound by a duty of
Continue Reading An Ethical Quandary: Clients Who Lie

Earlier this year, the Wisconsin Supreme Court again waded into the waters of termination of parental rights law in State v. A.G.1 The Court, in its decision, addressed whether, A.G.’s plea was knowingly, voluntarily, and intelligently entered, based on the circuit court informing him during the plea colloquy that the State would have to prove at disposition that termination of parental rights was in the best interests of his child by “clear and convincing” evidence. Wis. Stat. section
Continue Reading Burden of Proof: ‘A.G.’ and TPR Dispositional Hearings

Recently the Wisconsin Worker’s Compensation Advisory Council (WCAC), which includes representatives from both Labor and Management, voted to approve two separate bills that include potentially significant changes to the Worker’s Compensation Act of Wisconsin (Chapter 102), including the administration of the Act.

The primary objectives of the proposed provisions are split between the two bills so as to increase the chances that at least some of the provisions are eventually adopted and signed into law.

I.  First Proposed Bill
Continue Reading Wisconsin Worker’s Compensation Advisory Council Calls for Department of Hearings and Appeals to End ‘Hold Open’ Practice

Sean A. Bukowski is an attorney in Meissner Tierney’s litigation practice group where he primarily represents insurers and their insureds in civil matters involving liability and coverage issues.
Where are you from?
I was born and raised in Bay City, Michigan.
What was your first job?
At age 13, I started scooping ice cream for a local ice cream store that my mother managed.
Do you have any hobbies?
I enjoy movies, playing video games, attending sporting events, spending
Continue Reading Attorney Spotlight – Sean A. Bukowski

Workplace injuries not only cause physical pain but can also take a significant toll on mental health. The emotional aftermath of an injury can be overwhelming, often leaving individuals grappling with various challenges.

People should address both the physical and emotional aspects of recovery.
Uncertainty and anxiety
One issue individuals face after a workplace injury is uncertainty surrounding their future. The sudden shift from a routine, physically demanding job to potentially prolonged periods of rest can cause anxiety. Concerns
Continue Reading How can you struggle with mental health after an injury at work?

Tax efficient gifting is the way to go this holiday season! As the holiday season approaches, many of us think about giving back, especially through gifts from our estate. While it’s a season of generosity and gratitude, it’s also an ideal time to consider how to make your gifting tax-efficient. This post will guide you through the essentials of gifting from your estate during the holidays, ensuring your acts of kindness are also tax-efficient.
How to Make Your


Continue Reading Tax Efficient Gifting for The Holidays

Closeup Of A Man In A Flannel Shirt Holding in His Left Hand A Pair of Binoculars With A Rifle Slung Over His Shoulder, While Standing In A Field of Hip-High Grass

Dec. 15, 2023 – Sections of Wisconsin’s hunter harassment law that prohibit approaching or video-recording hunters are unconstitutionally overbroad and vague, the U.S. Court of Appeals for the Seventh Circuit has ruled in Brown v. Kemp, No. 21-1042 (Nov. 13, 2023).Judge David Hamilton wrote the majority opinion, joined by Judge Ilana Rovner. Judge Thomas Kirsch dissented.Monitoring the HuntersJoseph Brown is part of Wolf Patrol. Brown and other Wolf Patrol members monitor hunting on public lands in Wisconsin, to


Continue Reading Seventh Circuit Strikes Down Hunter Harassment Law

A Woman Lawyer In A Dark Gray Suit With Her Hair Pulled Back Questioning A Wintess In Court

Dec. 15, 2023 – Statements an eight-year-old girl made to a nurse and a doctor in the presence of a police officer were made to seek medical care and were thus non-testimonial for Confrontation Clause purposes, the Wisconsin Court of Appeals has held.In State v. Antonio G. Ramirez, Jr., 2021AP1590 (Nov. 15, 2023), the Court of Appeals District II concluded that admitting those statements into evidence did not violate the Sixth Amendment and admission of other statements she


Continue Reading Statements by Abuse Victim to Nurse, Doctor Were Non-Testimonial

The Internal Revenue Service issued the 2024 optional standard mileage rates today for computing the deductible cost of operating an automobile for business, charitable, medical, or moving purposes.  The most notable change is the slight per mile increase for businesses.

Effective January 1, 2024, the optional standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be:

  • 67 cents per mile driven for business use.  This is a slight increase from the rate

  • Continue Reading IRS Releases Mileage Rates for 2024

    To continue our holiday series “Harmony of Legacy: A 12-Day Estate Planning Celebration,” we share with you four more days. In case you missed our first few verses, you can find them here.
    Day 5: Five Golden Rings = Jewelry and Prized Possessions
    On the fifth day of Christmas, our attention turns to our favorite things. How to divvy up jewelry and other valuable possessions can lead to disputes among family members and beneficiaries. Wisconsin law permits you
    Continue Reading Harmony of Legacy: A 12-Day Estate Planning Celebration (Days 5 to 8)

    A Middle-Aged White Woman With A Brunette Bob In A Black Judge's Robe With The American Flag Over Her Left Shoulder

    Dec. 14, 2023 – The Wisconsin Supreme Court has named Milwaukee County Circuit Court Judge Audrey Skwierawski as the Director of State Courts.Skwierawski has served as Interim Director of State Courts since August 3. Her permanent appointment takes effect on December 31.“I’m grateful to have the trust of the Supreme Court of Wisconsin to carry out this critical role, and I look forward to working with the justices, judges, and court system staff across the state,” Judge Skwierawski said


    Continue Reading Supreme Court Names Judge Skwierawski as New Director of State Courts

    It’s an ethics twofer out of New York, New York (specifically the Southern District of New York) this week.
    First, Trump lawyer Michael Cohen’s lawyer David M. Schwartz filed a motion to end his client’s supervised release early. In the motion paperwork, Schwartz cited three District Court decisions. Routine, right?
    Regular readers of this blog and/or people who understand human nature know where this is going. These cases don’t exist at all, the court couldn’t find them, successor
    Continue Reading If They Can Screw Up There, They’ll Screw Up Anywhere

    Effective January 1, 2024, the Corporate Transparency Act will apply to a significant number of United States business entities and owners. This pivotal legislation is not just another regulatory hurdle; it marks a significant shift in how businesses operate in terms of transparency and accountability. Every business owner needs to understand the CTA and its implications for their business. In this article, we delve into the requirements under the CTA, equipping you with much of what you need to


    Continue Reading Navigating the Corporate Transparency Act: A Must-Read for Every Business Owner

    Day 1: A Partridge in a Pear Tree = The Foundation of Your Estate Plan
    Welcome to our “12 Days of Christmas” Estate Planning Series. On the first day, let’s start with the basics of how to protect your family tree—or those outside your family tree—with the solid foundation of an estate plan. Whether you are single or married, with children or without, everyone should have an estate plan to assist with their affairs while living and to pass
    Continue Reading Harmony of Legacy: A 12-Day Estate Planning Celebration (Days 1 to 4)