Wisconsin Business and Commercial Litigation

I’ve recently been working on a number of cases in both federal and state court that involve out-of-state opposing counsel.  While they’ve either pro hac viced in, or have been previously admitted, it has been clear (painfully so, on a number of occasions) that they do not have experience with, and therefore do not understand, the way Wisconsin courts work.  Sure, you can obtain the local rules for the Eastern and Western Districts of Wisconsin and the circuit courts easily enough. 

But that’s not usually enough.  Which clerks will work with you and which won’t?  Often, local counsel will have a pre-existing relationship with the power behind the bench, the clerks and judicial staff.  Are there any twists to the local rules that don’t appear in writing?  The answer is almost always yes — but unless you’ve practiced there, you don’t know when those twists will grow into major kinks in your litigation.

Perhaps the best example is the Western District of Wisconsin, proudly bearing the colloquial title of the “Rocket Docket.”  Even though Judge Shabaz has retired, the timelines haven’t stretched noticeably.  Many are the out-of-state attorneys who heard tales of the Rocket Docket, but were caught flat-footed when they found that the legend was not only for real, but often understated the actual effect of the agressive schedules. 

The upshot of all of this is that when litigation arises, it’s vitally important to have access to counsel who know the courts, the staff, and the potential jurors.  Local counsel is worth the additional investment.