By Attorney Kristen Nelson

As of January 1, 2021, Wisconsin’s Pharmacy Examining Board has put new rules into effect regarding patient consultations for pharmacies and pharmacists throughout the state. It is important for licensed pharmacists to take note of these new requirements and be sure to uphold them, as failing to do so can result in disciplinary action regarding a pharmacist’s professional license.

When Are Patient Consultations Required?

The intended purpose of the new regulations for patient consultations is to better ensure that a person who is prescribed a drug or device understands how to use it properly. As such, a consultation is now required when patients are prescribed a drug or device that they have not previously used or that constitutes a change in the patient’s treatment or therapy. Pharmacists must also provide a consultation in any case when it is requested by the patient, and they may choose to provide a consultation when they believe, in their own professional judgment, that it is necessary to do so. However, a patient can refuse a consultation, in which case it is no longer required.

By Attorney Russell J. Karnes

Commercial property owners across Wisconsin have seen declines in revenue as a result of the COVID-19 pandemic. Wisconsin property tax assessors are required to take revenues and expenses into account when valuing commercial property using the income method of valuation. Property owners should expect to receive their notices of assessment in the mail beginning this spring. But whether these assessments will accurately reflect the decline in value for commercial property as a result of the pandemic is an open question. Owners of commercial properties such as office buildings and hotels should prepare now to object to their property tax assessments.

Commercial Property Assessments Must Be Based on Fair Market Value

Wisconsin law requires real property to be assessed at the fair market value using a three-tiered methodology for valuation. The first valuation tier, which provides the best evidence of a property’s value, will be based on a recent sale of the property in question at arm’s length. If the property had not been sold recently at arm’s length sale, then the second valuation tier may be used. This option provides the next best evidence of a property’s value, and it will examine comparable properties that had recently been sold. If neither the first-tier nor second-tier valuation methods are available, an assessor can use the third tier of approaches to determine a property’s value, and these methods include examining factors such as a property’s cost and the income it generates. 

By Attorney Cameron Weitzner

In Wisconsin, if a law enforcement officer pulls you over under suspicion of driving under the influence, you may be arrested on OWI charges if there is evidence that your abilities are impaired by a drug or controlled substance. However, in some cases, this is only the beginning of the criminal charges a person may face after a traffic stop. Depending on the circumstances, an officer could arrest a driver for drug possession or a more serious drug offense. If you have been arrested on drug charges after a traffic stop, it is crucial that you understand your rights.

How Can a Traffic Stop Lead to Drug Charges?

An arrest for drug possession can be the ultimate outcome of a traffic stop even if the officer’s reason for initiating the stop was something completely different. In large part, this depends on what happens during the stop. In Wisconsin, an officer does not necessarily need a warrant to search a vehicle if there is probable cause to believe that it contains evidence of a crime. In a traffic stop, probable cause can be established in a variety of ways.

By Attorney Russell Karnes

The purchase of a home is a complex process that has a significant impact on both the buyer and the seller. As such, a successful purchase requires a certain level of transparency and trust between the two parties. When a buyer or seller does not act in good faith or fails to fulfill an obligation, major obstacles to the sale can arise, not to mention legal issues that often must be resolved through real estate litigation. One such issue that Wisconsin home buyers and sellers should be aware of is the seller’s failure to make required disclosures about the property.

What Does a Seller Need to Disclose?

In Wisconsin, once a buyer and seller agree to a purchase contract for a residential real estate property, the seller is usually required to complete a Real Estate Condition Report and provide it to the buyer within 10 days. In the report, the seller must disclose any known defects in or on the property that would have a significantly adverse impact on its value, expected lifespan, or the health and safety of its occupants. The disclosure form includes questions regarding defects in a variety of categories, including but not limited to:

By Attorney Chris Strohbehn

During the winter in Wisconsin, snow and ice can make driving more difficult and dangerous on any roadway. However, bridges and overpasses are often some of the most dangerous locations. Milwaukee has recently seen a clear example of this in the form of an accident in which a driver lost control on a snowy overpass and fell more than 70 feet to the road below. Fortunately, the driver survived, and no other people were injured, but if you are injured in a car accident on an icy bridge, it is important for you to understand whether you can obtain compensation.

Why Are Bridges Dangerous in Winter?

Ice tends to accumulate quickly on bridges, overpasses, and other elevated roadways whenever there is winter precipitation, including snow, sleet, and even rain. This happens for a couple of reasons. First, these surfaces are raised away from the ground, removing them from sources of heat that can help to melt ice on roadways at ground level. Second, cold air travels across both the top and bottom of a bridge or overpass, and this can cool any moisture and cause it to freeze.

By Attorney Max Stephenson and Paralegal Courtney Hess

In Wisconsin, when a couple ends their marriage through a divorce, there is a presumption that their property will be divided equally between the two spouses. You may be aware that this often includes the couple’s home, vehicles, valuable household items, and financial accounts, but it may come as a surprise that in many cases, it also includes a business owned by either spouse. Dividing business assets in a divorce comes with its own set of complications, and it is important to work with an experienced attorney who can help you protect your assets and reach a fair resolution.

When Is a Business Divided in a Divorce?

The division of property in a Wisconsin divorce includes most assets acquired by either party during the marriage, whether or not they are explicitly held in joint tenancy or co-ownership by both spouses. This means that a business that you or your spouse started or acquired while you were married is usually subject to division. However, there are a few exceptions. If the business was acquired through a gift or a situation involving another person’s death, including an inheritance, trust distribution, or acquisition by right of survivorship, then it may remain the property of the spouse who acquired it. The same is true if the business was purchased using funds acquired in one of these ways. Your attorney can help you determine whether your business may qualify as your own personal property, rather than the community property of your marriage.

By Attorney Cameron Weitzner

The term “fraud” is used to refer to a wide variety of criminal offenses, many of which can result in serious consequences under either Wisconsin state law or federal law, depending on the circumstances. If you are facing allegations of any form of criminal fraud, you need an experienced criminal defense attorney who can provide strong representation and guidance to help you understand your options.

Fraud Crimes in Wisconsin

In Wisconsin, many forms of fraud are classified as crimes against property, specifically under the category of misappropriation, meaning the unlawful use of another person’s property, assets, or identity. Some examples of fraudulent offenses include:

By Attorney Kristen Nelson

Under normal circumstances, reinstating a lapsed or expired healthcare professional license in Wisconsin can be a challenging process, with requirements often including renewal fees and late fees, and the demonstration of up-to-date education and recent work history in a position that requires the license in question. However, during the COVID-19 national health emergency, the demand for healthcare professionals has greatly increased, leading the Wisconsin government to temporarily waive some of these requirements.

While the rollout of vaccinations has offered hope that the worst of the pandemic may soon be in the past, there still remains significant work to disseminate the vaccine and care for those who are infected. If you are interested in continuing your career in healthcare and providing a vital service to your community, now is a great time to renew your professional license.

By Attorney Cameron Weitzner

Domestic violence is a serious and widespread issue throughout Wisconsin and the United States, and many experts have reported that incidents and reports of domestic violence between intimate partners have increased during the COVID-19 pandemic, in part due to families spending more time in close proximity to each other. If you are facing allegations of domestic abuse, it is important to understand how Wisconsin handles these cases and what may happen if you are arrested.

How Does Wisconsin Define “Domestic Abuse?”

Wisconsin law includes special provisions regarding how arrests and prosecution are handled in cases involving domestic abuse between adults, including violence against a spouse, a former spouse, a person who shares or formerly shared one’s residence, or the other parent of one’s child. These provisions apply in cases involving one of the following alleged acts:

By Attorney Erin Strohbehn

In Wisconsin, one important matter that often must be settled during the probate process is the legal guardianship of minor children who survive their parents. While it may be difficult or uncomfortable for parents to think about this scenario, there are things that they can do during their lifetime to make this process as smooth as possible if it does become necessary. In some cases, however, the determination of guardianship may be more complicated and must be resolved through probate litigation.

How Do Wisconsin Courts Appoint a Child’s Guardian?

In most cases, if only one of a child’s parents passes away, the other parent will remain the child’s legal guardian and maintain all parental rights. However, if both parents are deceased, and the child has not reached the age of 18 and legal adulthood, a legal guardian must be appointed in probate court.