State Bar of Wisconsin​

We are a professional association for Wisconsin lawyers. The State Bar provides educational, career development, and other services to more than 25,000 members. We also provide public services, including attorney referrals, public education, and reduced-fee legal assistance for low-income state residents. Our mission is to improve the administration of justice and the delivery of legal services and to promote the professional interests of Wisconsin lawyers.

Website: https://www.wisbar.org/
Follow:

Latest from State Bar of Wisconsin​ - Page 3

April 28, 2026 – The asbestos dust that a steamfitter breathed, causing mesothelioma, resulted in safe-place statute liability for Pabst Brewing Co., a 5-2 majority of the Wisconsin Supreme Court decided recently in

Estate of Carol Lorbiecki v. Pabst Brewing Co., 2026 WI 12.

“As the owner of the brewery, Pabst owed a non-delegable duty under the safe-place statute to frequenters on the premises, a category that includes employees of independent contractors like Lorbiecki,” Justice Rebecca Frank…
Continue Reading Wisconsin Supreme Court: Asbestos Created Safe-Place Statute Liability

S corporations (S corps) serve a purpose that is very attractive to clients, especially in Wisconsin where there are so many closely held family businesses. But what many clients fail to realize is just how delicate S corps can be. The rules and requirements for S corps are incredibly rigid, and they are extremely easy to run afoul of them. Oftentimes, I find that the client is so focused on the benefits that they do not internalize the restrictions…
Continue Reading That S Corp Election May Not Be Valid: A Common Oversight in LLC Operating Agreements

stock photo
April 22, 2026 – A statute immunizing health care professionals during the COVID-19 state of emergency did not violate the constitutional right to a jury trial, a unanimous Wisconsin Supreme Court recently ruled in
Wren v. Columbia St. Mary’s Hospital Milwaukee, Inc. (2026 WI 11), barring a medical malpractice lawsuit from a stillborn childbirth. Because the Wisconsin Constitution “empowers the [L]egislature to alter or suspend particular common law causes of action,” the immunity statute suspended Savannah Wren’s

…
Continue Reading Wisconsin Supreme Court: Pandemic Doctor Immunity Statute Constitutional

The use of artificial intelligence in candidate screening and hiring processes has been a “hot” employment issue for the past several years. This is driven, in part, by the rapid and widespread adoption of these tools by employers: in March 2025, a Forbes article declared that “[t]he world is on the verge of a seismic shift in how talent is hired, one that will redefine the fabric of work itself.” That same article included Gallup survey statistics showing that,…
Continue Reading Legal Challenges to AI in Hiring: FCRA Has Entered the Chat

My father loved the sea. By extension he also loved all sea-related tchotchkes, i.e., model sailing vessels, fake shark’s teeth, lighthouses big and small, cute little fishermen in bright yellow rain slickers. You name it, he had one. How did he explain this passion? Growing up in western Wisconsin, he was far from the sea. In a former life he believed he was … a whale. Many years ago, he wandered into an antique store in Florida on the

…
Continue Reading The ‘Masterpiece’ and a Daughter’s Burden, Relieved

Earlier this year, Wisconsin legislators began holding public hearings on Wisconsin Assembly Bill 609. This bill, sponsored by State Rep. Chanz J. Green and a number of other state lawmakers, proposes to make changes to Wisconsin’s concealed carry laws by eliminating the need for a permit to carry a weapon concealed.

Matthew Kline headshot
Matthew Kline, Ohio State 2021, is an assistant attorney general with the Ohio Attorney General’s Office in Columbus, Ohio.

Concealed carry is a requirement that any individual…
Continue Reading Permitless Carry: Observations on a National Trend

In light of the new Court of Appeals decision,
State v. Mann-Tate, 2024AP2585-CR, on Feb. 3, 2026, Wisconsin needs a legislative fix to address the current due process concerns related to the reverse waiver statute. As attorneys practicing in the youth justice arena for many years, we believe the fix seems obvious: Wisconsin should eliminate original adult jurisdiction for youth. The current waiver statute, Wis. Stat. 938.18, allows the court to consider the unique attributes of youth identified by…
Continue Reading Wisconsin Should Eliminate Original Adult Jurisdiction for Youth

stock photo
April 7, 2026 – A 12-year-old student deserved
Miranda protection for questioning in the tiny school resource officer’s (SRO) office and at an in-school suspension desk, a 4-3 Wisconsin Supreme Court majority held in

State v. K.R.C., 2026 WI 10. But everyone on the Supreme Court affirmed the circuit court’s finding of delinquency. The majority said it was harmless error. Other testimony sufficiently supported delinquency for fourth-degree sexual assault. “In sum, the [SRO’s] testimony about Kevin’s statements was

…
Continue Reading Wisconsin Supreme Court: Student in Custody at School, but Error Harmless

All-terrain vehicles (ATVs) and utility terrain vehicles (UTVs) are popular across Wisconsin for recreation and work. Livestock similarly plays a vital role in the livelihood of many families as well as having a recreational purpose.

ATVs, UTVs, horses, and other livestock must often travel along or across roadways in many Wisconsin regions. It is important to be aware of the specific laws that govern operating ATVs, UTVs, or horse-drawn vehicles on public roads as operators can receive citations or

…
Continue Reading ATVs, UTVs, and Livestock on Wisconsin Roads

Before law school, I would have called myself a professional observer. I started working at my county’s district attorney’s office at the age of 16. I was thrust into a world I knew nothing about, so I found myself in the back of the courtroom often. I thought this would be the best way to learn how the criminal justice system works and everyone’s role within it. It turned out I would learn so much more than that. At

…
Continue Reading Important Lessons from the Back of the Courtroom

With experience comes lessons. Some of those lessons are learned because of stunning success, and others through epic failures. This list represents takeaways to date in navigating a career in commercial law, both in private practice and in-house. They are offered in a spirit of hope that they contribute to stunning success stories and avoidance of epic failures.
James Wawrzyn headshot James Wawrzyn, Marquette 2006, is a senior corporate attorney with Forest County Potawatomi, Milwaukee.

Be curious and keep learning. In

…
Continue Reading 8 Tips to Excel in Commercial Law Practice

Emily Kelchen looking thoughtfulEmily Kelchen took a moment to ponder the long-term impact of her own legal work during the 100th anniversary of the Scopes “Monkey” Trial in Dayton, Tennessee.
Photos: Emily Kelchen.

I’m a sucker for historic courthouses. So, when I realized I lived within easy driving distance of Dayton, Tennessee, ​
​location of the Scopes “Monkey” Trial – and that 2025 was the 100th anniversary of the trial – I couldn’t wait to plan a visit.

The local community had

…
Continue Reading Not Monkey Business: The Scopes Trial Still Has Lessons to Teach

While a client who has capacity can clearly file a divorce action, what happens when the client has capacity issues?

This is becoming more common as we see older adults divorcing, especially those in second marriages whose adult children do not get along. A case can be dismissed where the person filing does not have capacity to see.[1] “It is an accepted principle of law that an action cannot be maintained by one who has no capacity to

…
Continue Reading Who Can File and Maintain a Divorce When a Client is Incapacitated?

Stock Photo of a Demand Letter

March 4, 2026 – The Wisconsin Consumer Act (WCA) allowed the defendant to remedy the claim with the individual plaintiff, preventing a class action lawsuit, a 6-1 majority of the Wisconsin Supreme Court decided in Gudex v. Franklin Collection Service, Inc., 2026 WI 6.

Reversing the Milwaukee County Circuit Court, Justice Brian K. Hagedorn for the majority wrote, “when a customer brings a class action for damages under” Wis. Stat. section 426.110(4)(c) “requires an appropriate remedy be given

…
Continue Reading Supreme Court: WCA ‘Appropriate Remedy’ Prevents Class Action