Ask A Lawyer

A. If you are in custody and undergoing interrogation, the police or any government agent are required to give you the Miranda warning, i.e., you have the right to remain silent, etc. However, if you are not in custody – that is, you are free to leave–no warning is required. Any incriminating information you provide to the police may be used against you. The best approach, if you are free to go, is to say nothing and simply walk away. After leaving, contact an experienced criminal defense attorney immediately to assess the situation. www.findmilwaukeelawyers.org Atty. John A. Birdsall Birdsall Law Offices SC 135 W Wells…

A. These are financial issues that become worked out during a divorce or legal separation process through the court. You do NOT need to move out of the home right away. Preferrably after an agreement has been reached on important items, especially if you have children together. A temporary agreement/stipulation or hearing where the court makes orders is suggested before moving out. Horizons Law Group, LLC 611 N. Barker Road, Suite 209 Brookfield, WI 53045 (262) 432-3600 fx: 432-3605 www.horizonslaw.com Milwaukee Bar Association’s Lawyer Referral & Information Service 414.274.6768 www.findmilwaukeelawyers.org

Dealing with law enforcement can be an intimidating experience. You may have witnessed an action or event that caused law enforcement to want to know what you saw. Sometimes, they want to know what you said or did in response to that event. Do you need a lawyer?  There is no substitute for common sense. If you independently witnessed a crime on the street and the police were called to the scene you are probably safe to talk to the police. They will want to take statements from everyone who saw what happened and if you are a bystander it is probably okay…

When we file for any chapter of bankruptcy for our clients, we need to know if they are married (or divorced, or separated).  Why?  Because the act of filing bankruptcy creates an “estate”.  The estate is everything you own, everything you’re entitled to, and all of your debts.  The goal of the bankruptcy is to close the estate by eliminating most of those debts through a Chapter 7 discharge or repaying them through a plan. In a Chapter 7, most everything owned is protected, or “exempted” from the creditors, with the rest being sold to pay the creditors. Wisconsin is…

Q. Should I Mediate My Employment Law Case? A: commonly misunderstood aspect of litigation for people is alternative dispute resolution and mediation. In some cases, mediation is mandatory and court-ordered and in others it is merely optional and merely encouraged.  In employment law cases, mediation is usually optional and at the discretion of the parties. What is Mediation? Mediation is a tool of alternative dispute resolution where an unbiased, impartial third-party official, called a mediator, attempts to help parties resolve a case to avoid the cost, time and expense of a hearing or trial.  The goal of mediation is to get…

Q: I have some legal questions but do not want to invest any money into a lawyer at this point until I know it is something worth moving forward. Where can I get some basic information for free? A: Although there are many lawyers in the area who will give free consultations, it is difficult to know where to begin.  A lot of lawyers devote most of their practice to one area of the law.  If a particular case does not fall into their practice area, they usually cannot be of much assistance.  Sometimes a person needs to talk to…

Will an Attorney Take My Case on a Contingency Fee Arrangement? A very common question I get–and understandably so–is whether I take cases on a contingency.  That is, potential clients want to know whether attorneys are willing to work on cases and only get paid a certain percentage upon any potential recovery (usually 33.3%).  This is ideal for potential clients as their out-of-pocket expenses to pursue lawsuits are minimal and forces an attorney to work hard to receive any pay for their efforts.  The short answer to this commonly-asked question is: “it depends.” In employment law cases, it depends on…

Are agreements not to compete enforceable? Although Wisconsin law disfavors “restrictive covenants” that limit what employees can do after leaving a company, they are enforceable if they are reasonable. They must be reasonably necessary to protect the employer’s interest, and reasonable as to time and territory or specific customers restricted, given that interest. Additionally, the agreements cannot be unduly harsh to the employee or unreasonably restrict their ability to make a living, and they cannot be unduly harmful to the public. These determinations are case by case, and what is “reasonable” for one industry or job may be unreasonable for…

Should I file my employment discrimination claim with the EEOC or the ERD? A commonly misunderstood and confusing part of employment law litigation for employees who feel they have been discriminated against in Wisconsin is whether to file their claim with the Wisconsin Equal Rights Division (ERD) or the Equal Employment Opportunity Commission (EEOC).  While both entities were created to allow people to file discrimination complaints, there are very big differences between the two agencies that people ought to be aware of before filing their discrimination claims. Equal Rights Division The ERD is a state-level administrative agency under the Wisconsin…

How do I stop the father of my children from sending me harassing text messages and voicemails? In Wisconsin, “harassment” is defined as “engaging in a course of conduct or repeatedly committing acts which harass or intimidate another person and which serve no legitimate purpose.”  If your children’s father is repeatedly sending you text messages and leaving you voicemails that have no legitimate purpose (such as name calling and threats), then you should first file for a temporary restraining order. You can obtain the temporary order petition forms from the county clerk of court office at the courthouse and the…