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The case against jury trials

Published: Friday, April 19th, 2024

Occasionally in the law, the irresistible force meets the unmovable object.

A Look Back at 2023’s Debacles in the Law

Published: Wednesday, January 17th, 2024

Occasionally in the law, the irresistible force meets the unmovable object.

Court of Appeals punts

Published: Wednesday, November 8th, 2023

Occasionally in the law, the irresistible force meets the unmovable object.

Defining Winning

Published: Monday, August 21st, 2023

Ads for personal injury lawyers (and there sure are a lot of them), use some version of “we don’t get paid unless you get paid”.  One variety is “you don’t pay us, unless we win.”  Which brings up two questions:   First, who is in this “we?”  And second, how do you define “winning?”

Meditating on mediation

Published: Monday, May 15th, 2023

Much as I like to vary topics in my monthly column, the recent Wisconsin Supreme Court election presents too much fodder for comment and is too important to simply let it go.

Pro se representation comes at a cost

Published: Monday, November 28th, 2022

Few recent trials have attracted as much attention in the non-legal world than the Brooks trial in Waukesha.

The right to self-represent

Published: Tuesday, October 25th, 2022

In 1975, The United States Supreme Court held that a criminal defendant has a constitutional right to waive counsel and self-represent in a criminal case. Faretta v. California, 422 U.S. 806 (1975). While the trial court has a responsibility to discourage self-representation, it cannot prohibit it. The result can be (and usually is) the circus occurring in the Waukesha trial of the Christmas parade driver Darrell Brooks.

FINDING JURORS: We need a way to overcome common concerns about public service

Published: Monday, August 22nd, 2022

Perhaps the most common question asked of me by friends, neighbors and family regarding the legal system is “How do I get out of jury service?”

Courts meant to serve the public

Published: Monday, June 20th, 2022

Though I try to discuss new topics in each of my columns, every once in a while, there is something which merits further discussion.

Exploiting an abhorrent act

Published: Wednesday, January 5th, 2022

A few weeks out of law school, I got my dream job.