THE

LAW

G o o d N e i g h b o r s . G r e a t L a w y e r s . Summer 2016, Vol. XIV No. 3

In Thi s I s sue :

The Quarterly Newsletter of:

Legal DilemmaWisconsin laws about cell phones & drivingPage 2

Inside StoryThe power ofmediationPage 3

Attorney ProfileSonja Davigmindful of the childrenin divorcePage 6

What makes one new business succeed and another fail? It all may come down to what is done long before you open your door, according to attorney Anthony Gingrasso.

“When you think about starting a business, take

the time to research whether there is a need for your product or service out there,” he said. “Is it unique? Are you filling a gap in services or products?”

Gingrasso, whose practice includes working with businesses, has five recommendations for a good start:

• Develop a business plan that includes the scope of services or products you will provide, the strategies you will use, budgeting and goals. The Small Business Development Center at the University of Wisconsin-La Crosse can help.

• Determine whether your business will be organized as a sole proprietorship, a partnership, a limited liability company or a corporation. An attorney can advise the best organization to protect your investment and prepare needed documents.

• Determine your location. Do you need a physical location, an internet presence, or both? Seek advice about the best location for your business in terms of traffic and to create a professional-looking website.

• Finance your business. You need your business plan in order to apply for loans from financial institutions or federal or state agencies. The Small Business Development Center also can provide resources for grants and Small Business Administration loans.

• Investigate your tax and insurance needs. Consult with an accountant about federal, state and local tax issues. An insurance agent can help you with general business and industry-related insurance needs.

“Preparation is key,” Gingrasso said. “Consultation with an attorney, accountant, financial representative and insurance agent can help you be successful.”

Five Steps to Take Before Starting Your Business

Anthony Gingrasso

Takeaway TipDo your homework and assemble a team of trusted business advisors before starting a new business.

Related Story on Page 3

Good Ne i ghbo r s . G r e a t L awye r s .

L E G A L D I L E M M A

The LAW EXCHANGE is

published quarterly to inform our

clients and colleagues of legal trends

and decisions. This information

should be viewed as a general

summary. Please contact your

Johns, Flaherty & Collins attorney

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Can you please clarify Wisconsin’s laws about cell phone use while driving? Can I text if I’m using voice controls?

Question:

Answer:The simplest answer, said attorney Stephen Woodward, is “don’t do it.”

Speaking both personally and professionally, he said it takes only a few seconds for a driver to drift into another lane. “Nothing is that important that you can’t

wait until you arrive where you are going or pull over,” he said.

Wisconsin’s law specifically bans operating “any motor vehicle while composing or sending an electronic text message or an electronic mail message.” That includes email.

It falls under the state’s distracted driving law, which says, “No person while driving a motor vehicle may be engaged or occupied with an activity, other than driving the vehicle, that interferes or reasonably appears to interfere with the person’s ability to drive the vehicle safely.”

In other words, distracted driving is anything that takes your hands off the wheel, your eyes off the road or your mind off of driving.

The texting ban does have an exception for voice controls, but using voice controls to text can still distract you. Then there’s the

temptation to read what the other person texts back, taking your eyes off the road. According to the Wisconsin Department of Transportation, a distracted driver looking away for just five seconds while traveling at 55 mph has moved the length of a football field without paying attention—that’s more than 300 feet.

An officer can stop a driver for texting even if he or she is not speeding or weaving on the road. The penalty for texting and driving is four demerit points and a fine plus costs totaling from $187.90 up to $641.50.

Wisconsin law is stricter for drivers with learning permits or probationary licenses. They may not use their cells for any reason—except to call for emergency assistance. They face a fine and costs totaling $162.70 for the first offense and $200.50 for multiple violations in a year.

Stephen Woodward

Takeaway TipJust say no to texting while driving.

Text messaging while driving makes an accident 23 times more likely. Twenty-three percent of accidents in 2011 were related to texting. Even just talking on the phone increases your risk of crashing. Source: www.textinganddrivingsafety.com

Legal Statistic

“Our goal as mediators

is not to present our

ideas about the issue,

to not say that one offer

is good or better than

another. Our goal is to

help the parties settle

the case.”

~ Brent Smith

Getting Parties to Settle out of Court

Brent Smith

When attorney Brent Smith mediates a case, he moves from room to room, listening and sharing offers and counter offers. One goal of mediation is achieving faster and less expensive resolutions to legal problems.

“Our goal as mediators is not to present our ideas about the issue, to not say that one offer is good or better than another,” Smith said. “Our goal is to help the parties settle the case.”

Judges increasingly order “alternative dispute resolution,” which includes mediation by a third party who helps bring the sides to a voluntary agreement outside of a courtroom. Mediation is most often used in personal injury cases, family law, real estate and business disputes. Both sides agree on the mediator.

Mediation is different from arbitration, in which the person or panel has the authority to impose a decision.

Smith sometimes needs to lower client expectations about what a jury might award if a case went to trial. He knows typical jury decisions in civil cases are far lower than the verdicts of millions of dollars making headlines.

Smith said good mediators:

• Prepare in advance, studying the case before the parties come to the office.

• Develop a trusted relationship with both lawyers and their clients.

• Are good listeners.

• Are skilled in bringing people together.

The vast majority of lawsuits are settled before court. If that does not happen, Smith said, “Anything said in mediation is not admissible in a courtroom. Settlement offers cannot be presented to the court or jury.”

Smith has had cases that were not resolved initially through mediation, but were later resolved short of trial. “Sometimes they call two or three months later and ask me to mediate again,” he said. “I enjoy it,” he added. “It is a challenge. It is an interesting process, and it’s rewarding when we can help people resolve their legal issues more quickly and inexpensively.”

Related Story From Page 1

Attorney Greg Bonney is confident that if Susan McDonald named her hair salon “McDonald’s Salon,” she would not run into big tradename problems. That’s not the case if she called her burger place McDonald’s. That would create confusion for consumers and clearly be prohibited.

In thinking about a name for your business, he advises checking with the Wisconsin Department of Financial Institutions (or the secretary of state

in most other states) to see if a business name is available. “Check at the federal level, too, to see if there is another company with a similar name performing similar services or providing similar products,” he said.

The Small Business Administration offers other recommendations, including seeing how a name looks as a logo, business card and in social media. It should be clear, understandable and reflect your business philosophy and culture.

What’s in a Name?

Takeaway TipResolving legal disputes through mediation can be faster and less expensive than going to trial.

The Power of Mediation

Johns, Flaherty & Collins, SC

The parties to a case, all members of the same family, were in separate rooms with their own lawyers. At issue was whether one family member had allegedly received a greater inheritance as a result of a claim of undue influence on the person who wrote the will.

“It was challenging, and emotions were very high among the family members,” said attorney Brent Smith, who mediated the case. “I tried to get them to put their emotions aside and think about the impact of going to trial. What would a contested trial do to relationships within the family?”

Smith also encouraged all sides to think about the emotional and financial impact of going to battle, including the months-long delay until the case would be heard. Even if one side prevailed over the other, the costs of litigation would eat away at the financial settlement.

In the end the family members compromised. “It allowed them to put closure on the dispute,” Smith said, adding, “It’s not always just about money.”Get family members to put

their emotions aside and think

about the impact of going

to trial.

Case Study: Is Cost of a Trial Worth it?

Stay Informed Whether you’re into Facebook, LinkedIn, Twitter or blogging, we’re there. Stay informed about the latest legal news that affects you and receive top tips for everything from business and estate planning to divorce and traffic law. So choose the vehicle that’s best for you and stay up-to-date between newsletters.

After 29 years of dedicated service, Kathy Gallager has retired. Gallager was the face of Johns, Flaherty & Collins, serving as the person who greeted clients when they walked in the office or called on the telephone. She will be missed, and we wish her all the best in her retirement.

Good Ne i ghbo r s . G r e a t L awye r s .

B R I E F S

Ellen Frantz spoke to 7 Rivers Community High School students about marriage, divorce and other family issues. The other two on the panel were Sue Durtsche and Pastor Chris Crye.

Ellen Franz

Attorney Greg Bonney was elected to the Board of the Chileda Institute. The Chileda Institute provides residential and day school programs for youth with cognitive challenges and extraordinary behavioral needs at its La Crosse campus.

Greg Bonney

Johns, Flaherty & Collins Honors Three Students for “Extra Effort”

For the 10th consecutive year, Johns, Flaherty & Collins was privileged to participate in the La Crosse Tribune’s Extra Effort awards, acknowledging high school seniors who overcame significant barriers to become good students and good citizens. Each received a $1,000 scholarship from the firm to use at the college or university of their choice.

Coby GemeinDe Soto High School

Gemein was just starting high school when his mom left. Suffering under the stress and loss, he responded, “I’m done.” His grades began slipping, and he lost interest in sports. But he didn’t give up on scouting, and it was his scout master, Judy King, and his stepfather (who kept him and his brothers when their mom left) who didn’t give up on him. By his senior year, he had turned everything around: his grades were up, he was all-conference defensive back on the high school football team, and he was accepted to the University of Wisconsin – Stevens Point. Positive, polite and well-mannered, Gemein hopes to become a Department of Natural Resources warden.

William LoewenhagenArcadiaHigh School

Loewenhagen lost his mother to colon cancer when he was in first grade. In addition to struggling with those emotions, he also suffered a learning disability. Describing himself as a “mean” kid, he acknowledged having some behavioral issues but said his teachers helped him through both his emotional and learning challenges. Loewenhagen subsequently played on Arcadia’s varsity football team, helping them win three Coulee Conference championships. He was a team captain and an active member of the school’s chapter of the National FFA Organization. He plans to attend Kirkwood Community College in Cedar Rapids this fall and hopes to work for a local trucking company as a mechanic or driver.

Carli AndersonOnalaska High School

Anderson has suffered from juvenile rheumatoid arthritis since infancy but has never let it define or limit what she can do. And she has done a lot, despite significant pain and a limp that made her stand out as different. One of her biggest challenges at school was also one of her favorite activities: marching band. Anderson hopes to become a pediatrician so she can help other kids like her pediatrician helped her.

Photos courtesy of the La Crosse Tribune

Coby Gemein William Loewenhagen Carli Anderson

Good Neighbors

Attorney Heidi Eglash was featured in the Coulee Region Women’s Magazine “On Your Money” issue. She also presented at a seminar in April called “Estate Planning – What, Why and How do I Begin?” Co-presenter was Kim DeBaere, regional manager at Bremer Wealth Management.

Heidi Eglasj

JOHNS, FLAHERTY & COLLINS ATTORNEYS:

Robert D. Johns, Jr. RetiredRobert P. Smyth

Maureen L. Kinney

Terence R. Collins

Brent P. Smith

Peder G. Arneson

Ellen M. Frantz

Gregory S. Bonney

Cheryl M. Gill

Sonja C. Davig

Brian G. Weber

Heidi M. Eglash

Joseph G. Veenstra

Brandon J. Prinsen

Anthony R. Gingrasso

Stephen D. Woodward

PARALEGALS:

Lisa L. Felt

Teresa Nielsen

Dan Springer

Sonja Davig

As an attorney practicing family law, Sonja Davig is mindful about the impact of divorce on children.

“In divorce, people think they want this fight, that they want to win this war, but when people have kids, no one wins. Kids, especially, are the ones who lose,” she said.

Davig has seen misbehavior by both

men and women in these cases. She defended a man who was unexpectedly hit with a restraining order that prevented him from picking up his kids from childcare one day. “It was dismissed as frivolous. He still has primary placement for his children,” she said.

Then there was the spiteful husband who burned all the clothing, computers and belongings of his wife and children. In addition to legal representation for the wife, Davig loaned the family a computer.

Her goal is to try to resolve divorces as amicably as possible, while doing what it takes to get a fair outcome—whether she represents the husband or the wife. She always warns her clients that being combative in court makes it more difficult for them to co-parent.

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PAIDLa Crosse, WIPermit #1626

Suite 600, Exchange Building205 Fifth Avenue SouthP.O. Box 1626La Crosse, WI 54602-1626

P R O F I L E

Sonja Davig