Are you up-to-date on the latest information that can affect your personal injury practice? Do you have the skills you need to ensure a favorable outcome? Get the foundational knowledge essential to starting or staying on top of your practice. From determining client intake to post-trial appeals and motions, this course will guide you through the latest court rulings and time-tested litigation strategies. Whether this is your first case, or you just need a refresher, this is the course for you – order today!

1. Overview of Areas of Practice
2. Initial Client Meeting
3. Investigation
4. Evaluate the Claims
5. Damages
6. Decision to File Suit and Filing Suit
7. Litigation Plan and Written Discovery
8. Depositions
9. Focus Groups
10. Expert Witnesses
11. Motion Practice
12. Settlement
13. Subrogation
14. Trial
15. Post Trial

Continuing Education Credits:   

Continuing Legal Education

Credit Hrs    State    Credit Approval Expiration

* denotes specialty credits

1. Overview of Areas of Practice
   10:00 - 10:20, Lee R. Atterbury, Michael P. Crooks, Eric J. Haag and Alexander S. Kammer
   1. Vehicle Accidents
   2. Products Liability
   3. Premises Liability
   4. Medical Malpractice
   5. Wrongful Death
   6. Bad Faith
   7. Intentional Torts
   8. Work Injuries
2. Initial Client Meeting
   10:20 - 10:55, Lee R. Atterbury, Michael P. Crooks, Eric J. Haag and Alexander S. Kammer
   1. Information Gathering
      1. Specific Information Sought
      2. Note Taking Help
      3. Forms (Fee Contract, Authorizations, Questionnaire)
      4. Style of Interview
   2. Counsel/Advice
      1. Electronic Media
      2. Surveillance
      3. Medical Treatment
      4. Medical Bill Issues
      5. Keeping Lawyer Informed
   3. Goals
      1. Identify All Claims
      2. Manage Client Expectations
      3. Identify Red Flags
      4. Recognize Privilege Issues
      5. Identify Statute of Limitations/Notice of Claim
3. Investigation
   10:55 - 11:20, Lee R. Atterbury, Michael P. Crooks, Eric J. Haag and Alexander S. Kammer
   1. Knowledge is Power
   2. Obtain and Preserve Evidence
   3. Who Investigates
   4. Record Gathering (PI vs. Med Mal)
4. Evaluate the Claims
   11:20 - 11:35, Lee R. Atterbury, Michael P. Crooks, Eric J. Haag and Alexander S. Kammer
   1. Identify Viable Claims
   2. Legal Research: Liability Theory (PI, Med Mal, Products, Statutory Attorney's Fees)
   3. Consult Other Experienced Attorneys - Turnover?
   4. Consult Experts (PI, Med Mal, Products, Reconstruction Engineers, Vocational, Medical, Economic and Accounting)
   5. Evaluation of Coverage
   6. Assess Value of Claims
   7. Anticipate Defenses
   8. Collosus: Other Evaluation Methodology
      1. Third Party
      2. First Party
5. Damages
   11:50 - 12:40, Lee R. Atterbury, Michael P. Crooks, Eric J. Haag and Alexander S. Kammer
   1. Pain and Suffering
   2. Disfigurement
   3. Past Wages
   4. Future Wages
   5. Loss of Earning Capacity
   6. Loss of Consortium
   7. Loss of Society and Companionship
   8. Punitive Damages
   9. Exemplary Damages
   10. How to Prove
   11. Decision to Stipulate to Damages
6. Decision to File Suit and Filing Suit
   12:40 - 12:55, Lee R. Atterbury, Michael P. Crooks, Eric J. Haag and Alexander S. Kammer
   1. When
      1. Statute of Limitations
      2. Stage of Negotiations
   2. Where (County/District - Forum Shopping)
      1. State or Federal Court
   3. Which Plaintiffs
   4. Which Defendants
      1. Insurance Companies
      2. Everyone or Focused
   5. Procedure
      1. Filing
      2. Service of Process
      3. Summons and Complaint Requirements - Notice Pleading
      4. Registered Agents
      5. Substituted Service
      6. Wrongful Death (Formation of Estate)
7. Litigation Plan and Written Discovery
   1:25 - 2:05, Lee R. Atterbury, Michael P. Crooks, Eric J. Haag and Alexander S. Kammer
   1. Litigation Strategy/Map
      1. How to Develop the Proof Plaintiff Needs
      2. How to Develop the Proof to Defeat Defenses
      3. Know the Law
      4. Relationship and Interaction With Defense Counsel
   2. Written Discovery
      1. Interrogatories
      2. Requests for Production
      3. Request to Admit
   3. Informal Discovery
      1. Site Inspection
      2. Product Inspection
      3. Web Sites
      4. Articles
8. Depositions
   2:05 - 2:25, Lee R. Atterbury, Michael P. Crooks, Eric J. Haag and Alexander S. Kammer
   1. Who
   2. How Many
   3. Purpose
   4. Preparation of Client
   5. Preparation for Taking
   6. Length
   7. Style
   8. Techniques
   9. Decorum
   10. Video
9. Focus Groups
   2:25 - 2:40, Lee R. Atterbury, Michael P. Crooks, Eric J. Haag and Alexander S. Kammer
   1. What is a Focus Group?
   2. Why do Them?
   3. When Focus Group a Case/Issue
   4. How to Organize a Focus Group
   5. Mock Juries
   6. ZMET
   7. Juror Consultant
   8. Informal Opinion Solicitation
10. Expert Witnesses
    2:40 - 3:00, Lee R. Atterbury, Michael P. Crooks, Eric J. Haag and Alexander S. Kammer
    1. How Many do You Need
    2. How Much Should You Pay/Expert Earnings
    3. Local Versus National
    4. Treating Doctors
    5. Experts Specifically Retained for Litigation
    6. Vocational
    7. Economic
    8. Engineering
    9. Accident Reconstruction
    10. Biomechanical
    11. IME/DME
        1. Procedure
        2. Preparing Client
    12. Daubert/Frye Challenges
        1. Requirements for Selecting and Qualifying Witness
11. Motion Practice
    3:15 - 3:45, Lee R. Atterbury, Michael P. Crooks, Eric J. Haag and Alexander S. Kammer
    1. What is a Motion?
    2. Summary Judgment
    3. Compel
    4. Protective Order
    5. Bifurcation
    6. Perpetuate Testimony
    7. Limine
    8. Sanctions
    9. Judgment
12. Settlement
    3:45 - 4:05, Lee R. Atterbury, Michael P. Crooks, Eric J. Haag and Alexander S. Kammer
    1. Value of Claim
    2. Risk
    3. Time
    4. Costs
    5. Client's Desires
    6. Client's Ability
    7. Your Ability
    8. Jury Pool
    9. Mediation
    10. Statutory Offers
13. Subrogation
    4:05 - 4:25, Lee R. Atterbury, Michael P. Crooks, Eric J. Haag and Alexander S. Kammer
    1. What is Subrogation?
    2. Types of Subrogated Claims
       1. HMOs/PPOs
       2. Med Pay Liens
       3. Medicare/Medicaid
       4. Hospital Liens
       5. Workers' Compensation
       6. Chiropractor/Provider Liens
       7. ERISA
    3. What to do with a Subrogated Claim
14. Trial
    4:25 - 4:50, Lee R. Atterbury, Michael P. Crooks, Eric J. Haag and Alexander S. Kammer
    1. Final Trial Preparation
       1. Witness Meetings
       2. Client Meetings
       3. Exhibit Organization
       4. Outlines
    2. Jury Selection (Pre-Try Your Case)
    3. Opening
    4. Direct Exams
    5. Cross/Adverse Exams: Attack but Don't Fight
    6. Demonstrative Evidence
    7. Closing
15. Post Trial
    4:50 - 5:00, Lee R. Atterbury, Michael P. Crooks, Eric J. Haag and Alexander S. Kammer
    1. It's Not Over!
    2. Motions After Verdict
    3. Appeal
    4. Time Deadlines Crucial
    5. Settlement

LEE R. ATTERBURY is an attorney with Atterbury, Kammer & Studinski, S.C. Mr. Atterbury was admitted to practice law in Wisconsin in 1974 and has practiced in Wisconsin and the Federal District Court of the Western District of Wisconsin ever since. On the basis of trial experience and test examination, he was certified as a Board Certified Civil Trial Advocate by the National Board of Trial Advocacy. Mr. Atterbury has been recertified twice. He also is a member of the American Association of Justice, the State Bar of Wisconsin, the Wisconsin Association of Justice and the Dane County Bar Association. Mr. Atterbury's legal practice focuses on injury cases of all kinds, including motor vehicle accidents, defective products, construction site injuries and unsafe buildings. He has been selected as a Super Lawyer and also has been selected to be included in the Best Lawyers of America, and also has been selected by Madison Magazine as one of the Madison area's best lawyers. Mr. Atterbury's many trials have included motor vehicle crashes, defective products, gas explosions and fires, construction site injuries, industrial injuries, unsafe buildings, injuries caused by animals and professional negligence. In his 35 years of practice, he has obtained compensation for victims who have suffered a wide variety of injuries including amputations, fractures, spinal injuries and paralysis, brain damage, herniated discs, birth injuries, eye injuries and loss of sight, severe burns, scarring and disfigurement, psychological trauma and death. Mr. Atterbury earned his B.A. degree, cum laude, from Lawrence University and his J.D. degree from the University of Wisconsin-Madison.

MICHAEL P. CROOKS is a shareholder with the Milwaukee firm of Peterson, Johnson & Murray, S.C., where he runs the Madison office. His main areas of practice are insurance defense litigation, medical malpractice, products liability work, defamation suits, breach of contract, and third-party recovery. Mr. Crooks earned his B.A. degree, cum laude, from the University of Notre Dame and his J.D. degree, cum laude, from the University of Wisconsin. Since law school, he has lectured for the State Bar of Wisconsin's "Building Your Practice" series, for the Wisconsin Judicial College, for the Civil Trial Counsel of Wisconsin on litigation issues and municipal immunity, for the Wisconsin Law School on mediation and discovery practices, and various other litigation related topics for many other groups. In 2002, 2003, 2005, 2007, and 2008, Mr. Crooks was named to the list of Dane County's Top Lawyers. He became a Board Certified Trial Lawyer in 2004. In 2005-2006, Mr. Crooks served as president of the Civil Trial Counsel of Wisconsin, and was a long time member of the Board of Directors for CTCW. Additionally, he was formerly the Treasurer of the James E. Doyle Inn of Courts. Mr. Crooks serves as a Special Investigator for the Office of Lawyer Regulation. He was listed in the 2006, 2007, 2008, 2009, and 2010 Super Lawyers. Mr. Crooks was inducted into the American Board of Trial Advocacy (ABOTA) in 2007. He was named to the Best Lawyers of America in 2007, 2008, and 2009. In 2008, Mr. Crooks was appointed by Judge John Markson as a Court Commissioner. In 2009, he was named to the Super Lawyers Top 50. Mr. Crooks is admitted to practice before the state courts of Wisconsin, federal courts of Wisconsin and the 7th Circuit Court of Appeals.

ERIC J. HAAG is a partner at Gingras, Cates & Luebke. His practice has been almost exclusively plaintiffs' litigation, with an emphasis in personal injury, civil rights, insurance bad faith and products liability. Mr. Haag has successfully resolved many cases in those areas through trial, mediation, and settlement. In addition to trial work, he has argued before the U.S. Court of Appeals for the 7th Circuit. Mr. Haag is a member of the Dane County Bar Association, the State Bar of Wisconsin and Wisconsin Association for Justice. He is admitted to practice before the U.S. District Court Western and Eastern districts of Wisconsin, and the U.S. Court of Appeals 7th Circuit. Mr. Haag earned his B.S. degree from Duke University and his J.D. degree from the University of Wisconsin-Madison.

ALEXANDER S. KAMMER is a partner with Atterbury, Kammer & Studinski, S.C. His entire career has concentrated exclusively in the area of plaintiff's personal injury law. Mr. Kammer is listed in the Best Lawyers of America, has been recognized as a Wisconsin Super Lawyer each year from 2006 to the present, and is listed as one of the Top 100 Trial Lawyers in Wisconsin by the American Association of Trial Lawyers. His practice focuses on brain injuries, complicated orthopedic injuries, wrongful death, RSD/CRPS injuries and insurance bad faith. Mr. Kammer has successfully taken many cases to trial. He has obtained substantial settlements and verdicts on accident cases involving orthopedic, neurological and psychological injuries. Mr. Kammer's successful trial record includes cases involving trucking accidents, car accidents, motorcycle accidents, as well as occupational and recreational accidents. He has lectured and written on a variety of topics dealing with plaintiff's personal injury issues, focusing primarily on instructing how to effectively represent injured people. Mr. Kammer is a member of the State Bar of Wisconsin, Dane County Bar Association, the Wisconsin Association for Justice, the American Association for Justice, Public Justice and the National Crime Victim Bar Association. He also is a member of the Brain Injury Association of Wisconsin as well as the International Brain Injury Association. Mr. Kammer has handled literally hundreds of accident claims over the years involving people from every conceivable walk of life. He has obtained justice and compensation for accident victims stemming from virtually every imaginable sort of injury. These include physical injuries such as spinal fractures or brain injuries, as well as economic injuries such as wrongful denials of insurance benefits or insurance claims. Mr. Kammer graduated from the University of Wisconsin-Madison and earned his J.D. degree, cum laude, from Northern Illinois College of Law.

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