WE RESPOND TO YOUR NEEDS 414-271-1440
Recent Blog Posts
Staying Professionally Healthy During the Coronavirus
By Over the past week, we have entered unprecedented times. Daily, new Coronavirus cases are confirmed, and the death toll continues to rise. Social distancing has become the norm, and it is now considered the polite thing to do.
It is easy during these unsettling times to want to bend the rules. However, for licensed healthcare professionals, bending the rules during this health crisis could result in long-term consequences professionally. It is important to remember that the regulations governing licensed professionals still apply even during these times.
For instance, it may be tempting for a doctor or nurse to view a neighbor’s medical record to see if they tested positive for COVID-19. Viewing an individual’s medical records without a legitimate business need is not only a violation of HIPPA, but it is also considered unprofessional conduct by the Medical Examining Board, the Nursing Board, and Dental Examining Board, just to name a few. This violation could result in public discipline of your professional license. Knowingly, recklessly, or negligently divulging a privileged communication or other confidential health care information except as required or permitted by state or federal law, whether or not the individual is a patient, can result in further public discipline to a professional license.
Can Civil Litigation Be Used to Resolve Disputes With Subcontractors?
Legal disputes can be stressful and time-consuming. If they are not solved within a reasonable time frame, they can cost a great deal of time and resources for you and/or your business. If you are a contractor who has a dispute with a subcontractor, you should speak to an attorney and understand your options for reaching a resolution. Your lawyer can help you determine whether civil litigation is an option in your case.
Wisconsin’s Right to Cure Law
In 2005, Wisconsin established the Right to Cure Law (also known as the 2005 Wisconsin Act 201), which details the procedures followed when making claims against contractors or subcontractors. Under this law, a claim can be filed for construction defects involving the use of defective materials, violations of building codes, or failure to follow accepted standards for completing work.
A person must provide written notice to a contractor or subcontractor at least 90 days before filing a claim. This notice must describe the defect in sufficient detail and describe the evidence that the claimant possesses. The written notice must also allow the contractor or subcontractor the opportunity to address the defect. They may do so by making repairs at no cost, settling the claim through a monetary payment, or a combination of these two remedies. If the contractor or subcontractor rejects the claim, or if the claimant does not accept their settlement offer, the claim may be filed and resolved through civil litigation.
When Is Theft a Felony Offense in Wisconsin?
By As you can imagine, taking another’s property without permission is a crime in Wisconsin – one that can be prosecuted as a municipal citation or criminal charge. The state’s statutory scheme that controls property crimes is Chapter 943. Within that section of the criminal statutes, you will find a variety of crimes, from credit card fraud to armed robbery. You will also find two provisions titled "Theft" (Wis. Stat. §943.20) and "Retail Theft" (Wis. Stat. §943.50). Whether allegations of theft result in misdemeanor or felony charges, they are not something to take lightly, as they can result in serious legal consequences that will impact your future in a variety of ways. When facing these types of charges, it is crucial to obtain representation from an experienced criminal defense attorney.
How Should I Respond to Accusations of Child Abuse?
By Whether they are legitimate or not, accusations of child neglect or abuse occur every day. Being accused of harming a child can ruin lives and tear friends and families apart. It is not unusual for tempers to rise in high-pressure situations like a contentious divorce or a child custody dispute, and sometimes, one parent may accuse the other of abusing or harming their children in hopes of gaining leverage in a custody dispute.
If you have been accused of abusing your child, it is important to contact an attorney immediately. An experienced criminal defense attorney will be able to help guide you through the investigation and potential criminal charges. If the child involved is your own, you should also seek a family law attorney with experience in custody disputes and child abuse investigations to protect your interests as a parent.
When Can a Wisconsin Child Support Order Be Modified?
By When you get a divorce with children under the age of 18, you and your spouse must address a wide variety of issues related to your children, including determining the amount of child support that each of you will be obligated to pay to provide for your children’s needs. Although a child support order will typically remain in effect until the child reaches the age of 18 (or 19 if the child is pursuing an accredited course of education leading to the acquisition of a high school diploma or its equivalent), you may be able to adjust your child support obligations under certain circumstances.
The Child Support Percentage of Income Standard
According to Wisconsin Administrative Code DCF 150.03, child support is determined by calculating a certain percentage of the payor’s income. The court will first determine the parent’s monthly income available for child support, which may be based on their actual annual gross income, imputed income based on earning capacity, or income imputed based on the assets they own. The percentage of this income that will go toward child support will be based on the number of children. For example, an obligor parent with two children will be required to pay 25% of his or her income in child support, whereas an obligor with three children must pay 29%. Parents may also be required to pay for additional child-related “variable” expenses, including health insurance, educational costs, and extracurricular activities.
What Consequences Can I Face if I Am Accused of Domestic Violence?
By According to the Wisconsin Department of Justice, nearly 30,000 domestic violence incidents were reported in 2017, and 21,000 arrests were made. Domestic abuse, as defined under Wis. Stat. § 968.075, involves a person intentionally inflicting pain or injury or committing sexual assault against a family member or causing a person to reasonably fear that these types of offenses would occur. Domestic violence may be committed against a spouse, a former spouse, an adult living in a person’s household, or an adult who a person shares a child with.
Domestic Violence Charges
There are a variety of criminal charges that can be associated with domestic violence, including sexual assault, kidnapping, and homicide. However, battery is the most common charge that a person may face when accused of domestic violence, and it will typically fall into one of the three following categories:
What Can Cause OWI to Be Charged as a Felony in Wisconsin?
Drunk driving is a serious matter in Wisconsin. According to the Wisconsin Department of Transportation, more than 20,000 people are arrested for Operating While Intoxicated (OWI) in Wisconsin every year, and hundreds of these offenders are under the age of 18. If you have ever been arrested or charged with offenses related to drunk driving, you are aware of the stress, expenditures, and consequences that can result. An OWI arrest can be even more serious if it is charged as a felony, and these types of charges may result in long prison sentences, steep fines, and the loss of your driving privileges for multiple years.
Felony OWI Charges
Whether your OWI charge is considered a felony is dependent on two factors:
- How many times you have previously been charged with operating under the influence. A fourth OWI is a Class H felony, punishable by 60 days to six years in prison. A fifth or sixth OWI is a Class G felony, punishable by six months to 10 years in prison. A seventh, eighth or ninth OWI is a Class F felony, punishable by 3 to 12.5 years in prison. A tenth or subsequent OWI is a Class E felony, punishable by 4 to 15 years in prison.
When Can a Real Estate Broker’s Professional License Be Disciplined?
By With any professional license issued in Wisconsin, certain rules and regulations must be followed to keep and utilize said license. Licensed real estate brokers are required to follow federal and state laws within their profession. A broker who fails to follow these laws or who commits unprofessional conduct may face disciplinary action against their license. Anyone facing discipline to a real estate broker’s license should work with a professional license defense attorney to determine their legal options.
Disciplinary Issues for Real Estate Brokers
The Wisconsin Real Estate Examining Board handles all licensing, certifications, allegations, and disciplinary actions involving those with a Wisconsin real estate broker license. The Board may revoke, suspend, or limit the license of a real estate broker who has committed any of the following:
Can I Share Custody of My Child Following a Wisconsin Divorce?
By During your divorce, you and your spouse will need to resolve issues regarding the custody of your children. In Wisconsin, child custody may be granted solely to one parent, giving them the responsibility to make decisions about how the child will be raised. However, in most cases, the court will decide that the parents should have joint or shared custody, and divorced or separated parents will work together to make decisions for their children. Joint custody is usually appropriate if both parents are able to perform parental duties, are able to work together, and have no current conditions or conflicts that would affect the children or their environment.
In addition to child custody, a divorce agreement will address the physical placement of children, which refers to the time the child will spend with each parent. Even if one parent is granted sole custody, the other parent may be allocated a reasonable amount of physical placement.
How Serious Is a Reprimand Against My Medical License?
By The Wisconsin Department of Safety and Professional Services receives about 500 complaints against doctors each year. These complaints may be investigated, and the Wisconsin Medical Examining Board may choose to take disciplinary action against a person’s medical license. Reprimands are the most common form of discipline taken, and they may be issued for a wide variety of issues within the medical field, such as minor HIPPA violations, improper record keeping, and some prescription errors.
If you are facing a potential reprimand or another form of discipline, you will want to be sure to understand the possible consequences to your license, your reputation, and your career. If you have been notified of a complaint by the Medical Examining Board, you should speak with an attorney to determine your best options for defending your medical license.
