Event Logo Banner

Schedule


Thursday, May 22 Schedule

Time Program Track
7:45 a.m. - 4:30 p.m. Registration
7:45 - 8:30 a.m. Continental Breakfast
8:30 - 10:00 a.m. Opening Plenary The Disappearing Jury Trial: What Does It Mean for the Practicing Lawyer?*

The Disappearing Jury Trial: What Does It Mean for the Practicing Lawyer?*

It’s no secret that over the years fewer and fewer cases go to trial. This interactive panel will address how this reality affects litigators, mediators and the law developed by appellate courts. Gain insights and strategies for how one should practice in light of this evolving reality.

Moderator: Ronald G. Pezze, Jr. , Peterson, Johnson & Murray S.C., Milwaukee
George W. Curtis, Jr., Curtis Law Office, Oshkosh
Hon. Janine P. Geske, Marquette University Law School, Milwaukee
Terry E. Johnson, Peterson, Johnson & Murray S.C., Milwaukee
Hon. Patrick L. Snyder, Waukesha County Circuit Court, Waukesha

10:00 - 10:20 a.m. Refreshment Break
10:20 - 11:10 a.m. Breakout Session 1 When Do You Need an Expert?

When Do You Need an Expert?

The decision to utilize an expert in your case is one that must be made judiciously, not routinely. Learn how to better make strategic decisions on when to retain and present expert testimony and the factors you must weigh in making your decision.

Lynn R. Laufenberg, Laufenberg Jassak & Laufenberg S.C., Milwaukee
Joe Thrasher, Thrasher Pelish Franti & Heaney Ltd., Rice Lake

When It's Just About the Money: Advanced Mediator Skills for Positional Bargaining

When It's Just About the Money: Advanced Mediator Skills for Positional Bargaining

Sometimes it is just about the money and civil court mediators know that very well. Almost all cases, in which there is a claim based in negligence and a policy of liability insurance, will be settled with money and will be characterized by positional bargaining. The commentators are right: positional bargaining is difficult. What’s also difficult is the fact that most mediators have been trained to use an interest-based model of the mediation process, which often doesn’t work to settle monetary disputes. This presentation will discuss how mediators can assist the parties in such cases, help them avoid the reactive bargaining that usually dominates those negotiations, and help them move through their ranges to settlement by making productive proposals.

J. Anderson Little, Mediation, Inc., Chapel Hill, NC

Back to the Future for the Wisconsin Court of Appeals

Back to the Future for the Wisconsin Court of Appeals

Judge Brown and Professor Blinka look at how the court was envisioned to work at its founding, its metamorphoses over the years from a strictly error correcting court to one with some developmental responsibility and what the future holds.

Hon. Richard S. Brown, Chief Judge, Wisconsin Court of Appeals, Waukesha
Dan Blinka, Professor of Law, Marquette University Law School, Milwaukee

11:20 a.m. - 12:10 p.m. Breakout Session 2 Hot Button Evidentiary Issues

Hot Button Evidentiary Issues

Join our distinguished panel as we explore hot button evidentiary issues and how they should be addressed. Topics will include: Expansion of peer review under 146.38; new informed consent law under 448.30; medical opinions that appear in certified medical records filed with the court; the Alt privilege.

Daniel Blinka, Professor of Law, Marquette University Law School, Milwaukee
Hon. Jane Vinopal Carroll, Milwaukee County Circuit Court, Milwaukee
Christopher R. Foley, Milwaukee County Circuit Court, Milwaukee
Lynn R. Laufenberg, Laufenberg, Jassak & Laufenberg S.C., Milwaukee

Views From the Bench: Appellate Judges Panel

Views From the Bench: Appellate Judges Panel

A distinguished panel of experienced, knowledgeable judges discuss which appellate counsel approaches are persuasive, are not persuasive and are potential harmful in briefs and oral argument, including best practice tips and pet peeves. An invaluable look inside Wisconsin’s appellate courts!

Hon. Joan F. Kessler, Wisconsin Court of Appeals District I, Milwaukee Hon. Lisa S. Neubauer, Wisconsin Court of Appeals District II, Waukesha Hon. Gary E. Sherman, Wisconsin Court of Appeals District IV, Madison

12:10 - 1:30 p.m. Optional Paid Luncheon and CLE Presentation** (Ticketed Event)

The Empty Courtroom? Preparing For a New World of Litigation, Dispute Resolution, and Appellate Practice

The Empty Courtroom? Prepearing For a New World of Litigation, Dispute Resolution and Appellate Practice

Will new options for dispute resolution, coupled with the ongoing crisis of access to justice, spell the end of civil litigation as we know it? This presentation will canvass the massive changes underway in legal technology, competition and regulation and their impact on lawyers who specialize in litigation, dispute resolution and appellate practice. The presentation will also set forth a series of recommendations for how these practitioners can respond and adapt to these change, and for how the court system can begin to restore its relevance to the public at large.

Jordan Furlong, Edge International, Ottawa, Canada

** PLEASE NOTE: To attend the luncheon and earn 1.0 CLE credit, attendees must indicate the "including optional CLE luncheon" selection when registering for the Institute.

1:40 - 2:30 p.m. Breakout Session 3 Adaptation: A Collaborative Workshop to Create Strategies for the New World of Litigation

Adaptation: A Collaborative Workshop to Create Strategies for the New World of Litigation

Description coming soon

Speaker coming soon

Effective Advocacy In Mediation: Advanced Negotiation Skills for Attorneys

Effective Advocacy In Mediation: Advanced Negotiation Skills for Attorneys

Although law schools are beginning to incorporate negotiation training into their curricula, most lawyers have had little, if any, education about how the skills of litigation and negotiation differ. This presentation will explain the dynamics of positional bargaining, identify the three things that lawyers do that hinder the settlement of monetary disputes, outline the steps to take in preparing for negotiations, and suggest ways to formulate and deliver offers. The principles discussed will turn the ordinary reactive negotiator into a proactive, prepared, and productive negotiator.

J. Anderson Little, Mediation, Inc., Chapel Hill, NC

 
2:40 - 3:30 p.m. Breakout Session 4 How To Get It Settled: Improving Your Chances at Mediation

How To Get It Settled: Improving Your Chances at Mediation

Don’t miss this chance to learn the preferences and pet peeves of mediators. Our panel of experienced mediators will address the dos and don’ts of mediation. Learn what works – and what doesn’t – and how to improve your chances for success.

Mark L. Pennow, Denissen, Kranzush, Mahoney & Ewald S.C., Green Bay
Marie S. Stanton, Hurley, Burish & Stanton S.C., Madison
Russell M. Ware, SmithAmundsen LLC, Milwaukee

Separating Yourself From the Crowd: Using Unpublished, But Citable Opinions

Separating Yourself From the Crowd: Using Unpublished, But Citable Opinions

Certain unpublished opinions may be cited for their persuasive value. This session will discuss how to use these opinions effectively and consistent with the rules. By doing so, you will improve your practice by providing services beyond that of other lawyers.

Gregg M. Herman, Loeb & Herman, S.C., Milwaukee

3:30 - 3:50 p.m. Refreshment Break
3:50 - 4:50 p.m. Afternoon Plenary Afternoon Plenary—Freeing Supreme Court Justices from the Politics of Re-election*

Afternoon Plenary—Freeing Supreme Court Justices from the Politics of Re-election

The Wisconsin Board of Governors overwhelmingly adopted a task force recommendation to change the term of Wisconsin Supreme Court Justices. Under the proposal Justices would be elected to a single 16-year term. Members of the task force will explain how this will change the perception of the court, improve collegiality and allow justices to focus only on the law, rather than the politics of being re-elected. The task force members will also explain why other alternatives were closely studied, but ultimately rejected including: campaign finance reform, merit selection, and life terms. The panel will welcome questions from the Institute participants.

Christine Bremer Muggli, Bremer & Trollop S.C., Wausau
Catherine M. Rottier, Boardman & Clark LLP, Madison
Joseph M. Troy, Habush Habush & Rottier S.C., Appleton

4:50 - 6:00 p.m. Reception

* Program participants who attend BOTH the Opening Plenary and Afternoon Plenary on Thursday may claim an additional half credit (0.5) beyond the number of credits listed above.

** PLEASE NOTE: To attend the luncheon and earn 1.0 credit, attendees must indicate the "including optional CLE luncheon" selection when registering for the Institute. (Attendees who attend the luncheon may earn up to 12.0 credits for the Institute, while those who choose not to attend the luncheon may earn up to 11.0 credits.)


Friday, May 23 Schedule

Time Program Track
7:45 a.m. - 12:25 p.m. Registration
7:45 - 8:30 a.m. Continental Breakfast

Continental Breakfast

Description coming soon

8:30 - 10:00 a.m. Morning Plenary Morning Plenary—The Slipperiness of Happiness: Can Attorneys Capture Well-being?

Morning Plenary—The Slipperiness of Happiness: Can Attorneys Capture Well-being?

Happiness is elusive and difficult to contemplate. Many of us don't even know how to define what "happiness" means, yet we all want it in our lives. This conundrum is worth serious examination and self-reflection. The question is, "What is in our way if we cannot capture our own happiness?"

Gregory J. Van Rybroek, Ph.D., J.D.
Director, Mendota Mental Health Institute, Madison

10:00 - 10:20 a.m. Breakout Session 5 eDiscovery: Do I REALLY Have to Do This?

eDiscovery: Do I REALLY Have to Do This?

We’ve all heard that twenty-first century lawyers have to utilize e-Discovery to find digital evidence in their cases, but is it really necessary in every situation? Learn how to discern if e-Discovery is right for your case, and how to overcome the common concerns of time, cost, expertise, and necessity.

William C. Gleisner III, Law Offices of William C. Gleisner III, Hartland
Matthew J. Stippich, Digital Intelligence, New Berlin

Mediator Accreditation: To Regulate or Not to Regulate?

Mediator Accreditation: To Regulate or Not to Regulate?

Unlike many other states, Wisconsin does not regulate the practice of mediation – but many say it’s on the horizon. Join our panel of diverse leaders in the profession as we discuss the benefits and pitfalls and how these changes could or should play out. Come join the debate!

Moderator: Debra H. Tuttle, Wisconsin Foreclosure Mediation Network & Metro Milwaukee Mediation Services Inc., Pewaukee
J. Anderson Little, Mediation, Inc., Chapel Hill, NC
Joseph D. McDevitt, McDevitt Mediation Services, Wauwatosa
Christine Harris Taylor, Associate Director, Marquette University Graduate Program in Dispute Resolution, Milwaukee

Welcome to the Clerk’s Office

Welcome to the Clerk’s Office

This interactive session will give you an overview of the clerk’s office, discuss issues as to the record from the circuit court and share some of the most common reasons a brief maybe rejected by the clerk’s office. The session will provide you with an opportunity to share your ideas for improvements in filing and what we look forward to in the future. Come meet the clerk of the supreme court and court of appeals and find out what is new in the clerk’s office.

Diane M. Fremgen, Clerk of Supreme Court and Court of Appeals, Madison

10:20 - 10:35 a.m. Refreshment Break
10:35 - 11:25 a.m. Breakout Session 6 The Admissibility of Electronically Stored Information

The Admissibility of Electronically Stored Information

This presentation will address the admissibility of electronically stored information under the Wisconsin Rules of Evidence. This will include a discussion of the difference between electronic data and traditional, "paper" documents and the difficulty in authenticating electronically stored information. Mr. Edwards will also address questions surrounding relevance, hearsay and the best evidence rule and provide practical tips for introducing electronically stored information in the digital age.

Timothy D. Edwards, Cullen Weston Pines & Bach LLP, Madison

Negotiation In a Nutshell

Negotiation In a Nutshell

Is negotiation a science or an art? Clearly it combines elements of both along with a clarifying dose of self-understanding. A lot of thought, time and effort have gone into understanding and articulating what strategies work in achieving consistently good negotiation results. Can that be distilled in one hour into salient core principles? We’ll see.

Ralph Cagle, University of Wisconsin Law School, Madison

Obtaining Supreme Court Review

Obtaining Supreme Court Review

Description coming soon

Speaker coming soon

11:35 a.m. - 12:25 p.m. Breakout Session 7 Mistakes Made and Lessons Learned: The Evolution of My Practice

Mistakes Made and Lessons Learned: The Evolution of My Practice

Don’t wait to learn from the school of hard knocks. Join our esteemed panel as they share the always useful and sometimes humorous lessons from their years of practice. Learn from their mistakes and vow not to follow in their footsteps.

Christine Bremer Muggli, Bremer & Trollop S.C., Wausau
M. Angela Dentice, Pitman, Kyle, Sicula & Dentice S.C., Milwaukee
Robert L. McCracken, Nash, Spindler, Grimstad & McCracken LLP, Manitowoc
William R. Wick, Nash, Spindler, Grimstad & McCracken LLP, Manitowoc

Navigating Through Ethical Dilemmas (1.0 EPR)

Navigating Through Ethical Dilemmas (1.0 EPR)

A discussion of fact situations and ethical ramifications. The panel will explore fact situations which present ethical dilemmas and discuss the best approaches to resolving conflicts.

Leonard E. Martin, Wisconsin Department of Workforce Development, Milwaukee
Keith L. Sellen, Office of Lawyer Regulation, Madison
Hon. Maxine A. White, Milwaukee County Circuit Court, Milwaukee

Tips on Motions, Petitions and Jurisdiction In the Court of Appeals

Tips on Motions, Petitions and Jurisdiction In the Court of Appeals

Veteran staff attorneys of the Court of Appeals offer an overview of three procedural appellate practice areas, mistakes to avoid and tips to managing the pre-briefing stage of appeals. They will field questions on procedure so take your chance to ask what you always wanted to know about the rules of appellate procedure.

Jennifer D. Andrews, Chief Staff attorney, Wisconsin Court of Appeals, Madison
Emily A. Waranka, Wisconsin Court of Appeals District I, Madison
Beth A. Yockey, Wisconsin Court of Appeals District IV, Madison

12:25 p.m. Institute Concludes
Registration Closed
Registration Closed

Sponsors

Johnson Bank
Johnson Insurance
Hupy & Abraham

Registration Closed

© 2014 State Bar of Wisconsin. All rights reserved. Terms of Use