Wssi Essays Flashcards
Pre Marital Agreements :
Wis adopts the UPAA (uniform pre martial agreements act )
Elements of Breach of UPAA :
1) involuntariness
2) Unconscionable when executed
3) Did not receive or waive full disclosure of assets.
4) did not and could not have reasonable understanding of the other persons assets.
To have a valid Pre marital agreement:
- full disclosure of “Assets” “Liabilities” and “Income”. Full waiver is required. Waiver needs to be voluntary. Unfair terms are allowed if fair discolore. Unconscionable terms are not allowed.
what is the presumption for property division in wisconsin?
the presumption for property division is the equal distribution of marital assets.
Exception - “Gifts” or “Inheritance”
What factors should be considered when assessing whether assets are to be considered marital assets?
DICCA
Donative intent, Identity and Commingling, Character and Appreciation.
Question facts -
money inherited ? money inherited to buy gold coins and place in joint safety box? Cottage inherited but used by the family ? Marital home?
Money inherited = she kept it to herself.
Gold coins = kept in same form since she didn’t give an intent to change character. Joint box is strong evidence of an intent to co mingle but not determinative.
cottage = inherited - family use alone not strong enough, she kept it in her name.
Marital home - presumption of equal distribution.
Can two jurisdiction maintain divorce proceedings ? Service or process.
Yes, under wisconsin law both states can maintain divorce proceedings.
Personal delivery is consider served and divorce is a proper SMJ in Wisconsin State court.
Improper Distribution of property division.
- Attempt to circumvent property distribution and Inadequacy of Consideration,
Under wisconsin law - you cannot distribute assets in an attempt to circumvent marital property distribution, Also it it called marital waste. Eg selling the car right before filing for divorce. Also, the Inadequacy of consideration is further evidence of marital waste and an attempt to circumvent property distribution.
Is Joinder of parties allowed under Wisconsin Law?
Joinder of necessary parties are allowed to ensure further waste and unlawful distribution of the marital assets.
What are two information pieces of communication in wisconsin?
Attorney Client privilege + Client Confidences
What are Client Confidences and its exception ?
Cannot reveal information “any” information received and relating to representation of clients. This is a “Broader” than attorney client privilege under wisconsin law without the client consent.
Exception - to prevent the commission of the crime and necessity to prevent crime like child abuse.
Rules on Former Representation ?
Duty of Loyalty,
Cannot be adverse former clients in same or substantially similar with the clients informed consent.
different = lease drafting a lease issue.
Use of client confidences also breaches client confidences and breaches former representation rule and purpose.
How is Wisconsin Attorney Fees?
$1000 above needs to be in writing and preferably signed by the client . Attorney fees agreements need to outline the scope of representation.
Needs to be reasonable and Contingency fees need to be in writing, signed, reasonable and outline the scope of representation.
Hard Copy not required but needs to be memorialized and accessible to the client. Zoom call was not accessible to client this didn’t meet the standard
Is expert testimony required to “define standard of care in a medical malpractice case” in wisoncsin?
yes, because the degree of skill career and judgement a doctor will use is not a matter of common knowledge a law person would use.
What is the test of admissibility of expert evidence in Wisconsin and who is the “gatekeeper”?
The judge is gate keeper. He decides the admisablitly of evidence based on the daubert rules (which underpins Methodology) over the frye rules which Underpin “relevancy” of the evidence
