Do you know what to do to effectively resolve questions of bad faith? Are you sure you can obtain the resolution your client wants and deserves? This intense primer on bad faith will provide the practical foundation you need to represent clients on either side of the dispute. Get the jump start you need to be a successful bad faith practitioner. Order today!

1. The Elements of Bad Faith
2. Related Causes of Action
3. Pre-Suit Investigation
4. The Ins and Outs of Discovery
5. Ethical Considerations
6. Trial Strategy - The Beginning of the End

1. THE ELEMENTS OF BAD FAITH
   9:00 - 10:15, James A. Baxter
   1. Summary of Recognized Bad Faith Claims
   2. General Elements of Claim of Bad Faith
   3. Bad Faith Failure to Pay
   4. Bad Faith Investigation
   5. Settlement With Insured
   6. Settlement With Third Party
   7. Unfair Claims Practices Act
   8. Consumer Protection Act
2. RELATED CAUSES OF ACTION
   10:30 - 11:45, James A. Baxter
   1. Breach of Contract
   2. Fraud or Misrepresentation
   3. Intentional Infliction of Emotional Distress
   4. Statutory Violation
   5. Failure of Pay Mortgages
   6. Reformation
   7. Negligent Loss Control
3. PRE-SUIT INVESTIGATION
   12:45 - 1:30, James A. Baxter
   1. Gathering Information
      1. Plaintiff's Perspective
      2. Defense Perspective
   2. Dealing With the Office of the Commissioner of Insurance
   3. Recent Decisions
4. THE INS AND OUTS OF DISCOVERY
   1:30 - 2:30, Russell D. Bohach
   1. Plaintiff's View of Discovery in Bad Faith Litigation
      1. General Overview
      2. General Strategy Considerations
      3. General Overview of the Law
      4. Step I: Use of General Interrogatories and Request for Production to Get Underlying Information
      5. Step II: Utilization of Specific Interrogatories and Request for Production of Documents
      6. Step III: Judicious Use of Request for Admissions
      7. Step IV: Depositions
   2. Defendant's View
      1. How to Utilize Interrogatories to Obtain Documents and Determine Reasons for Plaintiff's Claim
      2. Covering All the Bases When Requesting the Production of Documents
      3. Eliminating the Necessity of Obtaining Records for Trial by Using a Request for Admission
      4. Narrowing the Information Requested for Paper Discovery While Still Looking Out for the Best Interest of Your Client
      5. Deposition - Who to Depose and Order of Depositions
5. ETHICAL CONSIDERATIONS
   2:45 - 3:35, Russell D. Bohach
   1. 20:1.1 Competence
   2. 20:1.3 Diligence
   3. 20:1.4 Communication
   4. 20:1.6 Confidentiality of Information
   5. 20.1.7 Conflict of Interest
   6. 20:3.1 Meritorious Claims
   7. 20:3.4 Fairness to Parties
   8. 20:3.7 Lawyer as Witness
   9. 20:4.2 Communications With Persons Represented by Counsel
6. TRIAL STRATEGY - THE BEGINNING OF THE END
   3:35 - 4:30, Russell D. Bohach
   1. Use of Motions in Limine
   2. Voir Dire
   3. Opening Statement
   4. Order of Witnesses
   5. Use of Experts and Exhibits
   6. Closing Argument

JAMES A. BAXTER is a shareholder in the Milwaukee law firm of von Briesen & Roper, S.C., where he devotes the majority of his practice to civil litigation, bad faith, personal injury law and fire loss law. A graduate of Carroll College, Mr. Baxter earned his J.D. degree from Marquette University. He is a member of the Milwaukee Bar Association, the State Bar of Wisconsin, the Wisconsin Academy of Trial Lawyers, the Defense Research Institute, the International Association of Arson Investigators and the Civil Trial Counsel of Wisconsin. Mr. Baxter is a frequent lecturer at the Property Loss Research Bureau.

RUSSELL D. BOHACH is a sole practitioner in Milwaukee, where his main area of practice is plaintiff's personal injury. Mr. Bohach earned his B.A. degree from Upsala College and his J.D. degree from Marquette University. He is a member of the State Bar of Wisconsin and the American Bar Association. Mr. Bohach is a frequent lecturer on bad faith and personal injury topics for various groups.

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