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 2014, Vol. XIII No. 3

In Thi s I s sue :

The Quarterly Newsletter of:

Legal Dilemma

Documents for children traveling alonePage 2

Inside Story

Avoid unnecessarystress when buyingor selling a homePage 3

Attorney Profile

Maureen Kinney valuesmeeting client’s needsPage 6

On the surface, Facebook seems like the perfect tool for employers—it offers a glimpse into the private lives of prospective and current employees that you wouldn’t ordinarily have.

Johns, Flaherty & Collins attorney Brent Smith, however, advises being

careful in how you use social media. Certain actions are illegal even when workers have voluntarily posted information online.

Also, a new Wisconsin law signed in April 2014 prohibits bosses from asking for access to current or prospective workers’ social media accounts. You can’t demand a worker “friend” you on Facebook or request employees’ passwords for social media.

Depending on workers’ individual privacy settings, Facebook and other social media still offer an incredible range of information. You can learn much about their activities, relationships and habits even without asking for that access.

Generally, employers are prohibited from discrimination based on race, sex, religion, national origin, physical disability, and/or age. So if you see photos that show a prospective employee is of a certain religion, it is illegal to use that information in your hiring or disciplinary decision—even though it may be difficult to prove that you took that action because of what you saw on Facebook.

If you learn an individual has been convicted of a crime, you can’t make employment decisions based on that information—unless the crime directly impacts the job. That means you would

Brent Smith

have legitimate concern about hiring someone convicted of theft to be a teller at your bank.You must also be careful when learning new information about current employees on social media. For example, photos of an employee drinking a glass of wine on Facebook might make you question his or her judgment but usually should not be used in firing or other disciplinary actions.

“Just because you saw something posted on Facebook,” Smith said, “it doesn’t mean using the information is always legal to use in your hiring and firing decisions.”

Facebook information can help or hinder job prospects

Takeaway TipBoth employers and employees need to be thoughtful about how social media might affect them in work situations.

(Continued on page 4)

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

for specific legal advice. If you

know of someone who would

like to receive this newsletter,

send his/her name and address to

the attention of the EDITOR,

THE LAW EXCHANGE at the

address below.

La Crosse600 Exchange Building

205 Fifth Avenue South

P.O. Box 1626

La Crosse, WI 54602-1626

Phone: 608-784-5678

Fax: 608-784-0557

Holmen501 Empire Street, Suite 102

Holmen, WI 54636

Phone: 608-526-9320

Prairie du Chien Phone: 608-326-2475

E-mail:

general@johnsflaherty.com

Web: www.johnsflaherty.com

You may also subscribe online

at www.johnsflaherty.com.

My children are flying out west this summer to spend a week with my sister. What documents should I send with them for just-in-case incidents?

Question:

Answer:

Attorney Peder Arneson appreciates the need for planning ahead for a trip like this, particularly if children travel without their parents.

“Different airlines may have different policies,” Arneson said. “Work with the airlines well ahead of the time they

will travel.”

Additionally, it is always helpful to have the following documents with the children—with copies at home:

• The children’s birth certificates.

• The insurance card for the children plushealthcare authority with the adult who will be responsible for your children.

• Your contact information and where you will be during the time your children are away.

• The children’s itinerary and contact information for the person meeting your children.

• An unaccompanied minor form as required by the airline.

Most airlines today allow unaccompanied minors, ages 5 through 11, to travel through the unaccompanied minor program. That service is optional for older children.

Most airlines require unaccompanied minors to be ticketed at adult prices and parents must pay an additional $99 to $150 each way. Unaccompanied minors may only take direct flights; they may not transfer to another plane.

Delta, for example, recommends parents create a package for the trip that includes all travel documents (boarding cards, unaccompanied minor forms, etc.) and additional documents (passport, receipts, baggage claim tickets, etc.)

The airlines must know in advance who will pick up the children. This person must be at least 18 and show photo identification.

Even with the best planning, Arneson knows emergencies can happen. After his son had his wallet stolen in Amsterdam while studying abroad, the family had to replace his credit cards and identification. Arneson contacted the U.S. State Department regarding his son’s passport and companies regarding credit cards.

“Fortunately, I had copies of his credit cards, identification and passport,” Arneson said.

Peder Arneson

Takeaway TipPlan carefully and make sure your children and the adult who will pick them up have all the information they need for the airlines and in case of any emergencies.

“I discourage sellers

and buyers from just

writing up offers

on their own or

simply downloading

a template from the

Internet.”

~ Brandon Prinsen

Legal advice pays off when buying/selling a home

Brandon Prinsen

For most of us, a house is our most expensive and significant purchase in life. If ever there is a time to call in professional help, this would be it.

Yet about one in ten homeowners decide to sell without the help of a real estate agent. Those are the people that encounter legal problems along the way, according to attorney Brandon Prinsen, whose practice includes real estate law.

Prinsen has seen numerous legal disputes arise from sellers and/or buyers attempting to handle real estate transactions on their own without a lawyer or real estate agent. “Contingencies in the offer, real estate condition reports and return of earnest money deposits when an offer is terminated are the most problematic,” he said.

Attorneys help sellers and buyers avoid potential legal issues by

• preparing an offer to include important contingencies, such as financing, inspections and appraisals, and making sure those contingencies are satisfied;

• advising sellers to disclose property conditions and defects to the buyers;

• reviewing title work to ensure buyers receive clean title to the property; and

• ensuring appropriate return of earnest money when a sale doesn’t close.

Attorneys often assist sellers and buyers, from drafting the initial preparation of the offer to purchase through the closing, to ensure the

transaction runs smoothly. In doing so, they help consumers avoid potential legal issues and can save consumers hundreds if not thousands of dollars down the road. (See related story right.)

“I discourage sellers and buyers from just writing up offers on their own or simply downloading a template from the Internet,” Prinsen said. “Each party to the transaction should have a professional write and/or review all documents that are binding and relevant to the real estate transaction.”

FSBOs (for sale by owner) accounted for 9% of home sales in 2012. The typical FSBO home sold for $174,900 compared to $215,000 for agent-assisted home sales. (Source: National Association of Realtors)

Legal Statistic

Takeaway TipIf you decide to sell your house without the help of a real estate agent, be sure to have an attorney write or review all documents.

Johns, Flaherty & Collins, SC

A buyer, without the assistance of a Realtor or attorney, prepared an offer to purchase for a residence which was accepted by the seller. In that offer, the buyer failed to include an inspection contingency which could reveal potential defects or unsatisfactory conditions.

The buyer also failed to review the real estate condition report in which the seller disclosed problems with water backing up in the basement through the drains.

Shortly after purchasing the residence, the buyer discovered issues with the drain running from the basement to the outside of the residence which would cost the buyer $8,000 to repair.

The buyer eventually sought assistance from an attorney to recoup from the seller the costs for those repairs. After months of litigation, the court determined that the seller was liable for the repair costs incurred by the buyer because the seller

knew of the defects and failed to disclose the significance of the defects to the buyer.

Although successful in the lawsuit, the buyer incurred attorney fees and costs, along with unnecessary stress, all of which could have been avoided if the buyer would have had an attorney assist up-front with preparing the offer to purchase, reviewing the real estate condition report and advising the buyer to have a follow- up inspection that would have revealed the serious nature of drain issues.

“The buyer incurred attorney

fees and costs, along with

unnecessary stress, all

of which could have

been avoided.”

Case study: Home Buyer Beware

Knowing prospective employers look at social media, consider Facebook—for good or for bad—an extension of your interview.

“Hiring is a very subjective process. A job offer or lack of an offer is often made on impressions,” attorney Brent Smith said. “It is important to realize what you post today may have an impact on future employment.”

He suggested removing photos that make you look bad in the eyes of a potential or current boss. And never post something critical about a former or current employer or co-workers.

On the other hand, Smith said posting photos of positive activities—such as volunteering—might increase your chances of getting a job.

Depending on how you use social media, Smith said, “you take chances in a highly-competitive job market.”

A word or two for employees …(Continued from page 1)

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

B R I E F S

Attorney Ellen Frantz co-presented on employment law at a La Crosse County Bar Association meeting in March.

Brent Smith was elected to the University of Wisconsin – La Crosse Foundation board of directors. He will serve a three-year

term. He was also elected to the La Crosse Community Foundation board for a five-year term.

Ellen Frantz

Johns, Flaherty & Collins rewards extra effort of local high school students

Mary Ann Duncan retires from Johns, Flaherty & Collins on July 1. Mary Ann joined the firm as office administrator in 2010 and has managed the law firm’s business operations and finances since that time.

Congratulations to Mary Ann!

Mary Ann Duncan

Good Neighbors

Attorney Joe Veenstra was re-elected as a supervisor on the La Crosse County Board.

Anthony R. Gingrasso has joined Johns, Flaherty & Collins as an associate. Tony has been practicing law since 2008 and concentrates

on business, estate planning and family law.

Joe Veenstra

Each spring, Johns, Flaherty & Collins is privileged to honor high school seniors who have excelled in rising above significant setbacks to inspire other students as well as the adults around them.

While this year’s honorees happen to be among top students at their respective schools, it was their determination and courage that earned each of them a $1,000 scholarship from Johns, Flaherty & Collins.

Alexander Boruch of Aquinas High School was only 11 years old when his father died suddenly. After months in shock and denial, Boruch decided to make a change, becoming more engaged in his school work and helping others. Today, Boruch is involved with the Wounded Warrior Project, a national organization that raises awareness and funds for injured service members.

Rachel Lavender of Gale-Ettrick-Trempealeau High School has lived with Obsessive-Compulsive Disorder for as long as she can remember. While the disorder has helped her achieve great things academically, it has also been the source of serious stress and depression. Lavender has been open with teachers and peers about OCD, raising awareness for others suffering from the disorder.

Broedy Jepson of Bangor High School also lost his father at a young age due to a car crash, but that hasn’t stopped him from setting —and achieving— high goals. Jepson balances high school courses with calculus and English classes at the University of Wisconsin – La Crosse. He also participates in extracurricular academics and athletics and volunteers in the community.

Alexander Boruch Rachel Lavender Broedy Jepson

Brent SmthAnthony Gingrasso

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

Joseph G. Veenstra

Brandon J. Prinsen

Anthony R. Gingrasso

Gifford M. Collins

PARALEGALS:

Lisa L. Felt

Teresa Nielsen

Jill Sherry

Maureen Kinney

Given an assignment to write a business letter, a fifth grader chose attorney Maureen Kinney as the recipient. In that letter, the student wrote Kinney was the “best lawyer” her mother ever had.

“I kept that letter,” Kinney said.

Learning that she has met the needs of clients is always positive, especially in family law cases. “Family law cases usually have high emotion,” she said. “There can be so much conflict.”

Kinney is the Johns, Flaherty & Collins lawyer with the longest tenure, arriving in La Crosse County in 1975. She and Janet Jenkins, a former partner at the firm, were the first women to practice law in La Crosse County, except for one female attorney who practiced briefly in the 1950s.

Although her practice primarily is in family, estate planning and elder law, Kinney has been pleased with the opportunity she’s had to do pro bono (for the public good) work for organizations like Mississippi Valley Conservancy.

“I’ve always been interested in the environment and love outdoor activities,” she said, adding that works fits well with the firm’s ‘good neighbors’ philosophy.

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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

Maureen Kinney