Schedule
Screening, Accepting and Signing Up Personal Injury Cases
Whitney A. Healy
- Initial client contact – screening, client interviews, CCAP and other research
- Eventual value vs. true potential for recovery
- Placing proper emphasis on damages vs. liability
- Keeping costs and time in proper proportion to value and risk
- Eventual fees vs. risk of loss
- Public duty and pro bono representation
Defense of Personal Injury Cases From Retention Through Trial
Heather L. Nelson
- Initial case information
- Who are my clients?
- Initial analysis and strategy
- Defendant’s perspective: jury or non-jury considerations
- Client communications
- Witness preparation for discovery: the defendant, fact witnesses, experts
- Defense expert witnesses: damages and liability
- Trial: theme of the case, liability, damages
- Demonstrative evidence – what to use and how to offer it
- Motions in Limine, Jury Instructions, Special Verdicts
- Closing arguments
Pre-Suit Investigation
Kristen Scheuerman
- Witness statements, record collection, physical evidence
- Finding coverage
- Will you need experts?
- Where to find them
- What if your expert doesn’t agree?
- Evaluation of the case: strengths, weaknesses, viability
- Case theme
- Do you need further investigation?
- Presenting a demand letter
- If and when a suit would be advisable
- The value of the case: how to find this information
- In a perfect world: what should be in the client’s file? (And what shouldn’t?)
Statutes of Limitation, Notices of Claim/Injury, and Other Traps for the Unwary
Eric J. Ryberg
- Requirements for government claims
- Traps to avoid in filing notices and claims
Break
Discovery – Formal and Informal
Kristen Scheuerman
- General Considerations
- Authorizations
- Interrogatories
- Depositions
- Preparing for your first deposition
- Dealing with the difficult witness
- Should you try to win the case? Or set it up for trial?
- Requests for Admission
Subrogation/Section 102.29/ERISA/Medicare Set-Asides
Kristen S. Scheuerman
- Collateral source rule
- Made whole rule
- Health insurance liens
Alternative Dispute Resolution
Heather L. Nelson
- Wis. Stat. sec. 802.12(2)(a)
- Mediation Best Practices
- Attorney's role
- Preparing the client
- Preparing submission
- Heads up to mediator
- Mediator’s role
- Can depend on mediator and parties
- Communication
- Confidentiality
- Preparation of Mediation Agreement
- Payment
Lunch
Preparing for Trial
Catherine A. La Fleur
- Pre-trial motions including motions in
- Scouting the courtroom for technology
- Jury instructions and verdict
- Preparing a trial notebook
- Jury selection
- Opening statement
- Presentation of evidence
- Direct examination of witnesses
- Cross examination of witnesses
- Proving specials
- Proving pain, suffering and disability
- Closing arguments
- Post-trial relief
Break
Behind the Curtain: What they don’t tell you about practicing PI in law school
Jacob R. Reis
- Reading medical records
- Saving money on medical records – use of the HITECH Act
- Pretrial stipulations
- Scheduling conferences
- The importance of understanding the local rule
- Jury instruction and verdict conference
- Getting along with the other side