Jenkins Competitors Move to the Quarterfinals

Congratulations to the students in the Jenkins Honors Moot Court Competition who have moved on to the inaugural quarterfinal round of the competition.    The students will be competing on Saturday, April 14 at 1 p.m. to determine who will be advancing to the semifinal round on April 15 at 1:00 p.m.

The teams will be paired as follows:

Emily Gaertner and Jehona Osmani v. Simone Haugen and Anne O’Meara

Olivia Garman and Sarita Olson v. Katie Bakunowicz and Kelsey Stefka

Claudia Ayala Tabares and Alexander Hensley v. Elizabeth Grabow and Zeinat Hindi

Killian Commers and William Ruffing v. Be’Jan Edmonds and Ian Pomplin

Congratulations to all the participants in the competition.  We also very much appreciate the judges who grade briefs and participate in the preliminary rounds.  This year we had two Jenkins alums, Attorneys Lindsey Anderson and Averi Niemuth, judging together in the preliminary rounds.  One of the great things about moot court is how active our alums and volunteers are, and we appreciate their time and assistance every year.

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The Challenges of Being a Bad Lawyer

I know this is technically a blog, but, if it were some other social media platform, that right there, my friends, would be “click bait.”  What?? This guest blogger is going to talk about how difficult it is to be a lousy attorney?  But, no, I don’t mean bad lawyer in the sense of legal incompetency or shaky professional ethics; I mean it in terms of being the bad-guy lawyer, the bearer of the bad news, the lawyer whose job it is to tell the client that he or she is not getting a settlement or can’t win the case or …any number of other unhappy communications.

It turns out that I am conflict averse.  That this was news to me was pretty lame because I chose – at age 49! – to go into litigation after graduating law school. In fact, I chose to join the products liability defense litigation practice group when I joined a Milwaukee firm the September after graduation.  For some reason, I imagined that being a litigator would suit my personality, which, as my husband will confirm, likes to win arguments.  But it turns out I didn’t have a very good sense what litigation entailed: rather than using persuasive argument to prevail on some esoteric, high-minded point, litigation is really more like a bare-knuckled battle royale.  For me anyway, there was just too much…conflict.  And, I was too old for it.  It was exhausting.

When I changed course in my legal career and became general counsel for a national insurance trade association, I thought I’d left my conflict days behind me.  But, another epiphany here (and, yes, I really am getting to be too old for these), there is “conflict” even in a legal profession that is primarily transactional. 

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The Myth About Practicing IP

I was recently visiting a relative in the hospital when the attending physician struck up a conversation with my family.  When he found out that I am an attorney, he asked about my area of practice.  I told him that I practice product liability defense and intellectual property litigation.  He then asked me the following question, a variation of which has been posed to me dozens of times over the past five years:  “What type of engineer are you?”

I am an English major, and I practice IP litigation.  Not only do I not have a science background, but I made a concerted effort to avoid science classes in college.  Law schools precipitate a myth that you can’t practice IP without a science background.  It’s a myth because it’s not true.  I’m proof.  (Disclaimer:  it is true that you can’t prosecute patents before the U.S. Patent and Trademark Office without a science background.  But patent prosecution is only one part of IP.)

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