Wisconsin, like most states, has a growing shortage of skilled civil trial lawyers, especially in rural areas throughout the state. Jeffrey Muszynski discusses the steps Wisconsin is taking to address this issue and urges members of the bar to do more to keep alive the tradition of highly skilled advocates in the state.
For many younger attorneys in Wisconsin, trial work can feel increasingly out of reach. This is especially true outside of criminal cases, as civil trials become increasingly uncommon. Cases settle earlier, clients demand efficiency and predictability, and senior lawyers often handle the courtroom matters that do go to hearing or trial.
This may be what clients want in the short term, but it will have a critical impact on the bar in Wisconsin in the long term – particularly outside Milwaukee, Madison, and the Fox River Valley. If Wisconsin wants to have a vibrant trial bar for the entire state, we need to make a deliberate effort to ensure young lawyers get the trial experience they need to carry on a long tradition of skilled courtroom advocates.
Why Courtroom Experience Matters
There is no substitute for standing in a courtroom and getting real experience working with court rules, evidence, a judge, or a jury. Actual courtroom work sharpens judgment, preparation, and presence in ways no amount of office time can quite replicate. A young attorney who has examined a witness, argued an evidentiary issue, or delivered a closing argument develops a deeper understanding of case strategy from the outset. That lawyer learns not only how to present a case, but how to evaluate one – what facts matter, how credibility is assessed, how judges and juries respond, and how to ultimately advocate for a client regardless of the posture of the case.
Jeffrey Muszynski, William Mitchell 2007, is the founder of
Lagom Law, Hudson. His practice focuses on personal injury and construction disputes as well as mediation.
Trial experience also creates better counselors. Lawyers who understand the mechanics and pressures of trial are better equipped to advise clients about settlement, risk, and litigation strategy. They can assess value more realistically because they know what it takes to prove a case, defend one, and navigate the unpredictability of live proceedings. That is true whether the case ends in a jury verdict or in a negotiated resolution shaped by the credible prospect of trial.
The lack of succession among “Greater Wisconsin” attorneys makes the problem worse. Many rural attorneys are getting close to retirement age, and many new attorneys are not looking to relocate to more rural areas.
The Challenge in Greater Wisconsin
This is especially an issue in Wisconsin, where access to skilled trial lawyers is uneven across the state. For several years, the State Bar of Wisconsin has been concerned about the shortage of lawyers in “Greater Wisconsin.” More than two-thirds of Wisconsin residents live outside Milwaukee, Dane, and Waukesha counties, but fewer than one-quarter of Wisconsin attorneys do.
The State Bar’s own response underscores the point. The Greater Wisconsin Initiative, the Rural Clerkship Program, and the newer
Rural Practice Development Program all are efforts to help address the need for attorneys in more rural communities.
Courtrooms in Barron, Ashland, Black River Falls, and Viroqua all need lawyers who can competently handle a motion hearing, a bench trial, a contested family matter, or a criminal case. In many rural practices, young lawyers do not have the luxury of hyper-specialization. They are expected to be versatile, practical, and prepared to appear in court early and often.
The need is even more pressing as the number of seasoned trial lawyers – and, in some practice areas, the number of certified civil and criminal trial specialists – appears to be shrinking. National Certified Trial Lawyer membership is down, as is membership in groups like American Board of Trial Advocates (ABOTA), where membership requirements have been lessened to give attorneys a more realistic chance at membership.
Wisconsin cannot assume that a deep bench of trial-ready lawyers will simply replenish itself.
Give Young Lawyers Meaningful Courtroom Opportunities
The solution is not turning over the most complex case to a first-year associate. It means giving younger lawyers real, incremental responsibility: arguing motions in limine, handling direct or cross-examinations, taking the lead in administrative hearings, and trying smaller bench and jury matters. Those opportunities build confidence and competence while protecting clients through appropriate supervision.
Wisconsin has long valued practical lawyering, strong local bars, and a profession built on mentorship. Preserving that tradition requires more than talking about succession; it requires putting younger lawyers on their feet in court. If Wisconsin wants skilled trial lawyers tomorrow, it has to give younger attorneys the chance to become them today.
This article was originally published on the State Bar of Wisconsin’s Solo/Small Firm & General Practice Blog of the Solo/Small Firm & General Practice Section. Visit the State Bar sections or the Solo/Small Firm & General Practice Section web pages to learn more about the benefits of section membership.