By: Attorney Jaclyn C. Kallie

There are many different situations where legal disputes may arise between two or more parties. While civil litigation may be used to resolve these disputes, this process can be very expensive and time-consuming, and neither party may be fully satisfied with the decisions made by a judge or jury. As an alternative to litigating matters in the courtroom, the parties in these types of disputes may want to consider using mediation to reach an out-of-court settlement.

Benefits of Civil Mediation

By using mediation, the parties can often save a great deal of money that would otherwise have gone toward court costs and attorney’s fees. In cases where one party is seeking payment from the other, such as those involving personal injuries or breach of contract, mediation can increase the amount that the plaintiff will be able to recover while helping minimize costs for the defendant.

By Attorney Christopher Strohbehn and Law Student Quron Payne

The simple answer to this question is “yes”.  Alcohol or drug use can have a huge impact on a person’s ability to safely operate a motor vehicle. While the dangers of driving while under the influence are well-known, many people still do so. This can lead to dangerous car accidents. While a drunk driver may be held liable for injuries inflicted in these types of accidents, victims may wonder whether other parties may also be civilly or criminally liable. The answer to this inquiry is “it depends.” 

Social Host Liability Laws in Wisconsin

“Social hosts” are people who serve alcohol to others, either in their home, at a venue or other place, e.g., at a work or office party.   

By Attorney Cameron G. Weitzner and Paralegal Rachel A. Sweet

Getting arrested or charged with a crime can be extremely frightening and stressful, and it may feel like you have nowhere to turn for help and support. However, thanks to the Sixth Amendment to the United States Constitution, there is always at least one person whom you can rely on: your attorney. Among other rights, the Sixth Amendment guarantees a criminal defendant the right to “the assistance of counsel for his defense.” If you are facing charges, you should be sure to understand the full extent of the protection that this clause provides.

What Does the Right to Legal Counsel Include?

The Sixth Amendment right to legal counsel means that in a trial or court hearing related to the charges you are facing, you have the right to representation from a qualified defense attorney. Your attorney can take many important actions to protect your rights and help you avoid conviction or an unfair sentence. For example, they can speak on your behalf in opening and closing arguments, help you present evidence and testimony to demonstrate your innocence, cross-examine witnesses for the prosecution, and object to inadmissible evidence and improper trial procedure.

By Attorney Max T. Stephenson and Paralegal Courtney M. Hess

If you are getting a divorce or attempting to establish a child support or child custody order with your child’s other parent, you may have at least considered the idea of representing yourself throughout the legal process. Perhaps you are worried about the costs of hiring an attorney, or you may feel that you and the other party are in agreement to the extent that legal representation is not necessary. However, choosing to represent yourself can have many unexpected consequences, and it may prevent you from achieving your desired outcome. Here are five reasons why trying to represent yourself in Wisconsin family court could be the wrong decision:

Representing Yourself Is a Large Time Commitment

If you decide to represent yourself, you will need to be prepared to invest a substantial amount of time in your case. Ensuring that you are well-informed about the legal process may require many hours of research, and you will also need to be present for all required court hearings and appearances. If you have other important time commitments, like working a job or caring for your children, finding time to represent yourself can be difficult.

By Attorney Ray Dall’Osto

The intoxicating effects of alcohol and controlled substances (prescription and illegal) have been demonstrated to lower a person’s inhibitions, alter behavior, and impair a person’s mental and physical abilities, including the ability to operate motor vehicles steadily and safely.  Unfortunately, alcohol and substance use sometimes lead to situations where a person is arrested on criminal charges.  For example, in State v. Christen, 2021 WI 39, the Wisconsin Supreme Court held that the Second Amendment does not protect an intoxicated person's right to possession of a firearm for self-defense, in a drunken altercation with roommates inside defendant’s residence). 

If you have been arrested while under the influence of drugs or alcohol, you may wonder whether your state of intoxication could be a mitigating factor or perhaps even be raised as a defense that might help avoid a conviction. At first glance, it seems reasonable that the effects of a substance on a person’s mental state would impact on specific intent and possibly absolve you of personal responsibility for your actions. However, in Wisconsin, this is only true under limited circumstances, because the legislature and courts have determined that the intoxication defense should be greatly limited on public policy grounds. Thus, it is important that you work with an experienced and knowledgeable criminal defense attorney to determine whether such a defense may apply in your case.

By Attorney Kristen N. Nelson

In the State of Wisconsin, doctors, nurses, and other healthcare professionals are required to fulfill high standards of knowledge, skill, and professional and personal conduct in order to achieve and maintain their license to practice. A professional may be at risk of losing their license for a variety of disciplinary reasons, but one of the most serious threats to a healthcare professional’s license and career is the possibility of a conviction for criminal charges. If you are under investigation, or if you have been charged with a crime, it is crucial to have a skilled attorney who can help you avoid both criminal and professional penalties.

When Can a Conviction Result in Professional License Discipline?

According to Wisconsin law, both the Department of Safety and Professional Services (DSPS) and specific licensing boards have the authority to deny or revoke a professional license from a person who has been convicted of any crime or offense that is related to the practice of their profession. This can include both felonies and misdemeanors. Additionally, some licensing boards have standards in place to discipline professionals who are convicted on charges that are not necessarily directly related to their practice.

By Attorney Chris Strohbehn 

In Wisconsin, injury victims have the right to file a personal injury claim seeking compensation from the negligent parties who were responsible for their damages. Unfortunately, not all injury victims survive long enough to initiate the process, let alone benefit from the compensation. However, this does not mean that there is no way of holding the negligent party accountable. The victim’s surviving family members can also pursue compensation through a wrongful death lawsuit. If you have recently lost a loved one due to someone else’s negligence, you should be sure to understand your rights to pursue financial compensation.

Protections for Minor Children of the Deceased

According to Wisconsin law, a wrongful death action must be initiated by either the personal representative of the victim’s estate, or the victim’s next of kin who is entitled to compensation. Often, this is the victim’s spouse or domestic partner. However, when the victim has children under the age of 18 at the time of their death, the court responsible for hearing the wrongful death case will seek to ensure that those children have access to the resources they need now that their parent is no longer able to provide them. When determining an appropriate amount to set aside, the court will consider factors including the children’s ages and needs, as well as the capacity of a surviving parent to provide for them.

By Attorney Max T. Stephenson and Paralegal Courtney M. Hess

Until recently, Wisconsin parents seeking to establish the legal paternity of a child could do so in one of three ways. Two of those methods, a Voluntary Paternity Acknowledgment and an Acknowledgment of Marital Child, require the consent of both parents, which is not easy to obtain when the parents are in disagreement. The third method, petitioning for a court hearing, can help to resolve disagreements between parents, but it may come with a significant investment of time and money on the part of the parties to the case.

However, since August 2020, a new method known as Conclusive Determination of Paternity can help parents resolve paternity cases without requiring the extensive involvement of the court. If you are an unmarried or alleged parent, it is a good idea to learn about the process of conclusive determination to understand how it could affect your case.

By Attorney Christopher L. Strohbehn and Paralegal Ruth M. Campos

Rollover accidents can happen for a number of different reasons, and injuries suffered by vehicle occupants are often severe. Though vehicle safety features are continuing to improve in order to better protect drivers and passengers, the force of multiple impacts is still capable of injuring nearly every part of the body, potentially resulting in high medical bills and a long, difficult recovery process. If you have suffered serious injuries in a rollover car crash, it is important to determine whether you can pursue compensation from a negligent party.

Rollover Injuries Vary in Nature and Severity

The National Highway Traffic Safety Administration (NHTSA) and other research organizations have studied rollover accidents extensively over time in order to better understand their outcomes and promote measures to mitigate injuries. Through their research, they have determined that certain types of injuries are more common depending on the characteristics of the crash. Some of the most frequently occurring injuries include:

By Attorney Cameron Weitzner and Paralegal Rachel Sweet

The circumstances leading to criminal charges for drug possession can be complicated, and in many cases, they involve a history of substance abuse on the part of the alleged offender. The State of Wisconsin recognizes that treatment, education, and rehabilitation are often more effective responses to drug offenses than a harsh prison sentence. As such, the state allows a one-time conditional discharge and dismissal of charges for certain first-time drug offenders. This treatment option is an alternative to a prison sentence for offenders who are dependent on a controlled substance.

Some Wisconsin counties, including Milwaukee County, take these measures a step further by offering pretrial diversion programs for drug offenders. If you are facing drug charges, your attorney can help you understand whether you are eligible for one of these programs and take the necessary steps to fulfill your requirements.