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“Young lady, where have you been?”
I logged in to my blogging platform and realized it has been nearly two months since I’ve written anything. It has been an incredibly busy two months, and there are a lot of things I cannot blog about right now. (If you have missed my writing, I’ve got a piece on ephemeral messaging apps in this month’s Wisconsin Lawyer. I assume my editor would not let me call it “Getting Hegsethed” so I…
Continue Reading I can’t talk about a lot of things right now so here’s a post on the intersection of legal ethics and morals

You’ve probably heard the steps in the “Scientific Method.” There are lots of versions of it, but it boils down to this:

  • Make an observation or two
  • Form a hypothesis based on the observations
  • Experiment to test the hypothesis
  • Accept or reject the hypothesis
  • Repeat

We hear it in business, too. And, I love it. I apply this all over life. New recipes, new driving routes, all sorts of things. It is not unusual to hear me grumble about…
Continue Reading The Null Hypothesis

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In this episode of the Bottom Up Podcast, produced by the State Bar of Wisconsin, host Kristen Hardy talks with former Milwaukee Circuit Court Judge Ellen Brostrom, now a mediator at Resolute Systems LLC, and Wauwatosa Municipal Court Judge Krista LaFave, also a personal injury attorney at Warshafsky Law.

Both explore their unique career paths, motivations for public service, and the differences between circuit and municipal courts. They discuss the importance of courtroom presentation, the challenges with pro se…
Continue Reading Episode 25: Practice Insights and Tips with Judges Ellen Brostrom and Krista LaFave

Long before I was a trademark nerd, I was a biology geek with the science degrees to prove it. Yes, I have read Darwin’s The Origin of Species – in my own free time at that. I also recently read Blue Ocean Strategy by W. Chan Kim and Renée Mauborgne and The Serviceberry: Abundance and Reciprocity in the Natural World by Robin Wall Kimmerer. Three very different books, but they each have a way shifting perspectives. All of them…
Continue Reading Diversity is the Antidote for Competition

“First principles were never more important.”
William Goodell, January 1866

During Black History Month, it is worthwhile examining some of the writings of Lavinia Goodell’s father, Reverend William Goodell, a lifelong abolitionist.

William Goodell - Lavinia's father
Rev. William Goodell

During the Civil War years, William Goodell was the publisher of The Principia, an anti-slavery newspaper. Lavinia assisted in all aspects of the publication process from writing articles to preparing the papers for mailing to serving as editor-in-chief in her father’s absence. By 1865,…
Continue Reading ‘First principles were never more important.’

Happy New Year! As usual, I’ll start the new year with a review of my columns from last year – some more controversial than others.

By far, the most scandalous was my column that juries are an unreliable means of getting to the truth in a contested trial. In the column, I quoted my felony team captain from my (initial) days as an assistant district attorney, Jon Peter Gennrich: “If a decision has to be made whether…
Continue Reading Never a dull legal moment in 2024

Exciting News! Starting in 2025, two new podcasts will join Bottom Up in a rotation of podcasts produced by the State Bar of Wisconsin. Bottom Up, co-hosted by Emil Ovbiagele and Kristen Hardy, will continue to explore topics of interest to lawyers in the early stages of their careers. They’ll be back in March 2025. Two new podcasts – Listening to Lawyers and Practice Pulse – will expand the State Bar’s family of WisLawNOW podcasts, giving lawyers more access…
Continue Reading Episode 24: Listening to Lawyers and Practice Pulse Join the Podcast Mix in 2025

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Exciting News! Starting in 2025, two new podcasts will join Bottom Up in a rotation of podcasts produced by the State Bar of Wisconsin.

Bottom Up, co-hosted by Emil Ovbiagele and Kristen Hardy, will continue to explore topics of interest to lawyers in the early stages of their careers. They’ll be back in March 2025.

Two new podcasts – Listening to Lawyers and Practice Pulse – will expand the State Bar’s family of WisLawNOW podcasts, giving lawyers more access…
Continue Reading Bottom Up Episode 24: Listening to Lawyers and Practice Pulse Join the Podcast Mix in 2025

The current legal landscape might be comparable to an alien world in a sci-fi movie, exceedingly complex and constantly changing. Myriad statutes, regulations, rules, ordinances, case law, and other sources of law create a legal multivariate calculus problem. Due to practical necessity and ethical requirements, attorneys are required to understand applicable law in order to provide guidance to their clients.

Regardless of the preparation that law school provided, that preparation will be insufficient for legal problems that attorneys eventually…
Continue Reading Tips for Lawyers: Keeping Pace with the Law

December 2, 2024

Frederick P. Kessler died on November 12, 2024. He is survived by his wife of 58 years, Judge Joan Kessler, two daughters and grandchildren. He was first elected to the Wisconsin Assembly before his 21st birthday and served as a Milwaukee County judge from 1972 to 1978, 1978 to 1981 and 1986 to 1988. In 2004, he was reelected to the Wisconsin Assembly and served until 2018.

My favorite Judge Kessler story (although not…
Continue Reading Remembering Judge Frederick P. Kessler

portrait of David Prosser in 2016Dec. 2, 2024 – David T. Prosser Jr., former Wisconsin Supreme Court Justice, passed away Sunday, Dec. 1, 2024, at age 81.

Justice Prosser served 18 years on the court, from 1998 to 2016. He was appointed by Gov. Tommy G. Thompson, and subsequently was elected to 10-year terms in 2001 and 2011.

“Justice Prosser was the quintessential public servant who enjoyed a respected career (spanning more than 40 years) in the service of others,” said Wisconsin Supreme Court

…
Continue Reading Retired Supreme Court Justice David Prosser Dies at 81

In this episode of the Bottom Up Podcast, produced by the State Bar of Wisconsin, co-hosts Emil Ovbiagele and Sam Huddleston Baker talk with Mike Sneathern, chief legal officer for the Milwaukee Bucks. Mike has worked 20-plus years for the 2021 NBA champs. The conversation explores Mike’s journey from his native California to Wisconsin, his experiences in the Marquette University Sports Law Program, and the unique challenges faced by sports lawyers today, including the impact of sports betting and…
Continue Reading Episode 23: A Path to Sports Law with Milwaukee Bucks Chief Legal Officer Mike Sneathern

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In this episode of the Bottom Up Podcast, produced by the State Bar of Wisconsin, co-hosts Emil Ovbiagele and Sam Huddleston Baker talk with Mike Sneathern, chief legal officer for the Milwaukee Bucks. Mike has worked 20-plus years for the 2021 NBA champs.

The conversation explores Mike’s journey from his native California to Wisconsin, his experiences in the Marquette University Sports Law Program, and the unique challenges faced by sports lawyers today, including the impact of sports betting and…
Continue Reading Bottom Up Episode 23: A Path to Sports Law with Milwaukee Bucks Chief Legal Officer Mike Sneathern

Nov. 14, 2024 – The Wisconsin judiciary is strong but “not without its challenges,” said Wisconsin Supreme Court Chief Justice Annette Kingsland ​Ziegler in her State of the Judiciary Address at the Wisconsin Judicial Conference in Elkhart Lake yesterday (Nov. 13).

In her fourth address as chief justice, Zeigler outlined issues of ongoing concern for the Wisconsin court system, highlighted progress over the past year, and identified a new challenge: Wisconsin’s attorney shortage, especially in rural parts of the

…
Continue Reading State of the Judiciary: Chief Justice Ziegler Highlights Lawyer Shortage, Judicial Security

Will AI replace lawyers? That’s one of the questions explored in the latest episode of Bottom Up, produced by the State Bar of Wisconsin. Co-hosts Emil Ovbiagele and Kristen Hardy welcome Hiriam Bradley, an attorney specializing in privacy and technology law.  The conversation explores Hiriam’s career path, the evolution of privacy law, and the intersection of artificial intelligence and privacy. They discuss the challenges legal professionals face in navigating developing laws, the importance of consumer awareness, and the regulatory…
Continue Reading Episode 22: Data Privacy and Artificial Intelligence (AI) with Hiriam Bradley

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Will AI replace lawyers? That’s one of the questions explored in the latest episode of Bottom Up, produced by the State Bar of Wisconsin. Co-hosts Emil Ovbiagele and Kristen Hardy welcome Hiriam Bradley, an attorney specializing in privacy and technology law.

The conversation explores Hiriam’s career path, the evolution of privacy law, and the intersection of artificial intelligence and privacy. They discuss the challenges legal professionals face in navigating developing laws, the importance of consumer awareness, and the regulatory…
Continue Reading Bottom Up Episode 22: Data Privacy and Artificial Intelligence (AI) with Hiriam Bradley