The outlook for 2025 tax policy in the U.S. can be characterized as a series of “known unknowns.” We are only a few weeks into President Trump’s second term, and these weeks have felt like an eternity for those of us paying attention to the happenings and discourse coming out of Washington. After these first few weeks, we undoubtedly know that 2025 will be a year of sweeping policy changes. What is unknown, though, is what those policy changes
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Latest from Agricultural Law & Rural Practice | Solo Small Firm & General Practice Section
What Home Inspectors Aren’t Legally Responsible for May Surprise You
Discovering an undisclosed problem shortly after moving into a newly purchased house can be an aggravating experience for a new homeowner.
It is particularly frustrating for the homeowner who obtained a pre-purchase inspection as part of the house purchase. When the basement of the house begins to experience water intrusion after every rain, the homeowner begins to theorize that the home inspector negligently overlooked critical signs during the inspection.
Kevin Trost, U.W. 1998, is the founding member of
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A New Jersey Case and the Insidiousness of Arbitration Agreements
A recent appellate court opinion out of New Jersey, McGinty v. Zheng (Sept. 20, 2024), which addressed issues surrounding arbitration agreements in the context of personal injury claims, sparked my interest.
The McGinty case is a pivotal example of how courts are interpreting arbitration agreements in the digital age, and serves as a significant reminder for lawyers about the enforceability of arbitration clauses and the implications of user agreements in digital platforms.
Teresa Kobelt, U.W. 1988, is an
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Koble Investments, the Wisconsin Consumer Act, and Residential Leases
A recent Wisconsin Court of Appeals case complicates residential leases by applying the Wisconsin Consumer Act (WCA) to residential leases and uniquely calculating pecuniary loss under Wis. Stat. section 100.20(5) for a violation of Wis. Admin. Code § ATCP 134.08(10).
The case is Koble Investments v. Marquardt.1 A petition to review the decision is currently pending before the Wisconsin Supreme Court.
Landlords and tenants alike should be aware of its holding, as it has the potential to significantly
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‘Hopelessness’ Reimagined: Discharging Federal Student Loans in Bankruptcy Under the Federal Guidance
The discharge of federal student loans through bankruptcy is likely reaching its highest point since 1978. This is due to the introduction of federal guidance that outlines the necessary facts for obtaining a discharge federal student loans in bankruptcy. A Brief History of Student Loans in Bankruptcy Prior to the Bankruptcy Reform Act of 1978 (Act), borrowers could discharge their federal student loans through bankruptcy. The Act, in addition to fundamentally revamping the practice of bankruptcy in the United
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Farm Bankruptcies Reach Record Low
Farm bankruptcies are down. Way down. The Numbers Wisconsin
led the nation in Chapter 12 reorganization cases in 2017, 2018, and 2020.
But no more. This reduction in filings is not limited to Wisconsin, however.
Chart 1, based on data from
uscourts.gov, shows Chapter 12 filings nationwide over the last five years.
Chart 1: National Chapter 12 filings, 2019-23, from a high of 599 in 2019 to 139 in 2023.
Source: uscourts.gov. Click on image to
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Representing Clients with Diminished Capacity in Civil Litigation
As attorneys, we should be familiar with our ethical duties to communicate with clients under SCR 20:1.4. However, how are those duties impacted when the client has diminished capacity? When an impaired client has bona fide civil claims, what steps must an attorney take to ensure the client’s best interests are considered? What rules exist in the Wisconsin statutes that offer protection for such clients? Imagine that someone contacts your office and explains a factual scenario that seems likely
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Rural Lawyers: Reap the Benefits of Teaming Up with Paralegals Remotely
In rural Wisconsin, attorneys face distinctive obstacles including inadequate access to resources and overburdened calendars (often due to travel).
For attorneys with offices in secluded or rural locations, covering extensive territories to serve their clients and managing multiple duties is essential to maintain their legal practice. Skillfully managing business costs is crucial. Client appointments and court dates necessitate appearances. Leveraging the skills of competent legal assistants can significantly mitigate these hurdles.
Paralegals as trained professionals can perform tasks that
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Artificial Intelligence: The New Frontier in Legal Research?
In March 2023, a New York attorney represented a client suing an airline company. The attorney submitted a brief citing over half a dozen cases.
When the judge reviewed the citations, the cases could not be found. The lawyer then admitted to using OpenAI’s ChatGPT to perform the legal research. The artificial intelligence tool had provided fake caselaw and fake citations.
The incident resulted in a $5,000 fine for the attorneys and law firm that submitted the brief.
The
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Nurturing Growth: The Crucial Role of Referral Sources for Lawyers in Solo and Small Firms
In the vast landscape of legal practice, solo and small law firms stand out as models of accessibility and personalized service.
Smaller firms often provide a level of attention and care that larger firms may struggle to match. However, operating on a smaller scale also presents unique challenges, particularly when it comes to generating a consistent flow of clients.
In this dynamic environment, referral sources emerge as invaluable assets, playing a pivotal role in sustaining and expanding the reach
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Remedies for Home Improvement Contract Disputes
A failed home improvement contractor project can be an aggravating experience for both consumer and contractor clients and present a range of legal issues for attorneys. This article analyzes the legal implications of several recurring complaints arising out of home improvement contracts, including poor contractor workmanship, warranty issues, and contractor theft. Poor Workmanship The most frequent problem from home improvement projects are claims of poor workmanship. Many home improvement contracts will extend a workmanship warranty for a limited period
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Easement Rights versus Timber Rights
The intersection of access easement rights and timber rights presents an interesting question for attorneys practicing in rural areas.
Access easements often become overgrown with and blocked by trees and other vegetation, especially in wooded areas of northern Wisconsin. When this happens, both the benefited and burdened property owners may ask “what right does the easement holder have to cut timber on the burdened property?”
Unfortunately, this question does not have an easy answer, though Wisconsin’s statutes and case
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To Port or Not: The Federal Estate and Gift Tax Exemption
In its simplest terms, “portability” allows surviving spouses to add any unused federal estate and gift tax exemptions of their deceased spouse to their own.
Background
The federal estate and gift tax exemption is the amount of assets that an individual is allowed to transfer from their estate to other people or entities free of federal estate and gift tax.
Prior to 2010, any part of the federal estate and gift tax exemption amount that was unused by an
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New Law Requires Many Companies to Disclose ‘Beneficial Owners’
If you own or “control” a business, company, or partnership – or advise someone who does – you should know about a new federal law that is going into effect soon that places new reporting requirements on companies and their “beneficial owners.”
Many small and midsize Wisconsin companies and their owners will have to comply with this new law – some as soon as in January 2024.
Here’s a brief introduction to that new law.
The Purpose of the
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The Benefits of Written Leases for Agricultural Landholders
Inflation remains high. Landlords, particularly agricultural landlords, may well want or need to raise rents. Raising rent on an agriculture lease may be especially difficult.
Generally, the terms of a written lease control the modification of rent. In contrast to a typical written lease, many agricultural leases are verbal, and the tenancy is typically on a year-to-year basis. Therefore, an agricultural landlord will need to terminate the verbal lease to raise rent.
Verbal Leases
The Wisconsin statutes set out
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5 Tips to Make a Record for Success in Litigation
Meticulous preparation in making a strong record is one of the most effective tools for successful litigators. During trial, attorneys must focus on making a clear and concise record in the court – the key to success in both the trial and appellate courts.
When attempting to make the best record, the most crucial thing an attorney should consider is “how will this read in a transcript?” and “will it make sense to someone who reads a transcript who
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