Wisconsin Super Lawyers 2011

Pasternak & Zirgibel is again honored in Milwaukee Magazine via Super Lawyers (December 2011).  Both Jeff Zirgibel and I have now appeared in the Top 50 Wisconsin Super Lawyers, which is an incredible award since there are about 14,000 lawyers in Wisconsin.

Super Lawyers tries to identify Wisconsin attorneys in the top 5% of all Wisconsin lawyers and Rising Stars under age 40. Super Lawyers also publishes a Top 50 list discussed below.

For 2011, there are only eight Wisconsin personal injury law firms represented in the Top 50 list:

• Cannon & Dunphy, Brookfield
• Domnitz & Skemp, Milwaukee
• End, Hierseman & Crain, Milwaukee
• Gingras, Cates & Lubke, Madison
• Habush Habush & Rottier, Multiple
• Laufenberg, Stombaugh & Jassak, Multiple
• Murphy & Prachthauser, Multiple
• Pasternak & Zirgibel, Brookfield

Wisconsin victims of car accidents, medical malpractice, products liability, premises liability, etc., could do far worse than to start by interviewing these law firms to get help with their personal injury cases.  Mostly in Milwaukee personal injury law firms, they have been recognized by peers as outstanding in their field. 

Hiring lawyers or law firms because they advertise a lot on television or Google, chase ambulances with letters or Wisconsin chiropractors or postings on the web or dabble in personal injury is simply a bad idea. 

If you want a high quality “expert,” look for a personal injury lawyer who shares the traits that these firms do.  This includes injury attorneys who are Peer Review Rated as AV® Preeminent™ 5.0 out of 5 by Martindale-Hubbell Peer Review Ratings and active members of The American Association for Justice and Wisconsin Association for Justice.
Wisconsin Personal Injury Attorney

Wisconsin personal injury Super Lawyers 2010

Wisconsin personal injury attorneys Pasternak & Zirgibel are again honored in Milwaukee Magazine via Law & Politics in its annual Super Lawyers issue (December 2010). I am again honored as one of the Top 50 Wisconsin Super Lawyers and Jeff Zirgibel is again honored as a Wisconsin Super Lawyer. Super Lawyers attempts to identify Wisconsin lawyers in the top 5% of all Wisconsin attorneys and the Rising Stars list tries to identify the top 2.5% of Wisconsin attorneys under age 40. Super Lawyers also publishes a Top 50 list discussed below.

This Wisconsin personal injury lawyer is once again honored to be chosen to be among the Top 50 Super Lawyers in Wisconsin. Only 7 plaintiffs personal injury law firms are represented in that Top 50:

Cannon & Dunphy, Brookfield
Domnitz & Skemp, Milwaukee
End, Hierseman & Crain, Milwaukee
Habush Habush & Rottier, Various
Laufenberg Law Group, Milwaukee
Murphy & Prachthauser, Milwaukee
Pasternak & Zirgibel, Brookfield

Accident victims in Wisconsin (car accidents, medical malpractice, products liability, premises liability, etc.) would be off to a great start in interviewing these law firms to get help with a personal injury case. These Milwaukee personal injury law firms have been recognized by their peers as outstanding in their field. Simply going to a lawyer or law firm that advertises a lot, chases ambulances with letters, or dabbles in personal injury but really practices in other areas of the law is irresponsible. Additionally, though all different, the Wisconsin lawyers at these firms share several common professional traits. Such traits include being Peer Review Rated as AV® Preeminent™ 5.0 out of 5 by Martindale-Hubbell Peer Review Ratings, and being active members of The American Association for Justice and Wisconsin Association for Justice.

Congratulations to all who made Super Lawyers! It surely is an honor to be listed given that there are about 14,000 lawyers in Wisconsin.

Wisconsin Injury Lawyer

Habush v. Cannon Part XI

Habush v. Cannon & Dunphy continues to be litigated. The future court activity in Milwaukee County shows motion hearings in January and February and then two separate trials. One trial will begin April 4, 2011 and the other June 6, 2011. Given that I just searched Yahoo, Bing and Google and still got a "Cannon and Dunphy" paid for result in Google, I'm sure Habush is anxious to precede. The paid result comes up whether one searches Google for "Habush" "habush habush rottier" "Bob Habush" "Rottier" or "Dan Rottier."

Wisconsin Personal Injury Lawyer

Wisconsin 4th Cheapest State for Car Insurance

With last year's changes in the laws benefiting Wisconsin car drivers, there's been talk on talk radio in Milwaukee about griping car insurance. The changes were great for anyone seriously injured in car accident in Wisconsin, but weren't so great for car insurance companies, which continue to try to lobby politicians for ending the law. Specifically helped by the new laws are those hit by uninsured drivers, those hit by drivers with little car insurance, and those who own multiple cars.

So here's some news for consumers, based on data directly from insurance industry, and it contradicts the nonsense: Wisconsin is the 4th cheapest state for car insurance. Only Ohio, Vermont and Maine are cheaper. Here's the link to insure.com which did this study.

Wisconsin Personal Injury Lawyer

Habush v. Cannon - Part X

Today, this Wisconsin Law Journal article talks about the Habush, Habush & Rottier and Cannon & Dunphy lawsuit.

Wisconsin Personal Injury Attorney

Habush v. Cannon - Part IX

Loaded onto scribd some court documents. If one has time, it makes interesting reading. A document of note is the Habush, Habush, & Rottier Press Release regarding this Cannon & Dunphy lawsuit since in my first post on this epic battle I hypothesized about the media angle.

Other documents are:
Cannon & Dunphy's Motion to Dismiss the Habush, Habush, & Rottier Lawsuit
Cannon & Dunphy's Appendix to the Motion to Dismiss
Habush, Habush, & Rottier's Response to Cannon & Dunphy's Motion to Dismiss

According to CCAP at the hearing, Bob Habush was in court along with his Foley & Lardner attorneys James R. Clark and Adam Crawford, as was Bill Cannon along with his attorney J. Ric Gass.

Wisconsin Personal Injury Attorney

Habush v. Cannon - Part VIII

Milwaukee Journal Sentinel reporter Bruce Vielmetti's story today Legal firms begin clash over Web-search tactic chronicles last week's hearing in the titanic battle between Milwaukee law firms Habush, Habush & Rottier and Cannon & Dunphy.

Bill Cannon and Pat Dunphy's defense attorney Ric Gass - who's firm is known for defending corporations like Cargill, CBS, Crown Equipment, Humana, Lennox, Northwestern Mutual Life, Toshiba, Trek, and a handful of insurance companies - made an argument to the Court relating to http://www.yellowpages.com/ and how it shows a Habush ad when one searches for certain lawyers. Out of curiousity, I went to yellowpages and searched various personal injury lawyers names, and yes, the Habush ad is shown on the right along with a variety of personal injury law firms in the Milwaukee area. However, the site does state above the ads that those are "category-related advertisers." It seems to me, at least, that these yellowpages ads are different from the purchases Habush is suing Cannon & Dunphy over. The Google strategy was one chosen by Cannon, whereas the yellowpages results appear to chosen by yellowpages and aimed more generally at personal injury lawyers in Milwaukee.

Bottom line, Bob Habush and Dan Rottier's case against Bill Cannon and Pat Dunphy continues but as described in the article it goes on without the law firm of Habush, Habush & Rottier as a plaintiff.

Wisconsin Personal Injury Lawyer

Habush v. Cannon - Part VII

Followed up on the Bob Habush v. Bill Cannon lawsuit pending in Milwaukee County Circuit Court. The Wisconsin court has a hearing scheduled for Wednesday, March 10, 2010 at 9:15 a.m. on Cannon & Dunphy's motion to dismiss the complaint of Habush, Habush & Rottier.

Wisconsin Personal Injury Attorney

Elmbrook Education Foundation

Elmbrook Education Foundation honored my firm this week with this press release. We have been and are very proud to be a sponsor for the Foundation's events, which help provide education scholarships and educational grants to District of Elmbrook students and schools. Others interested in helping the Foundation should contact Laura Schmidt.

Wisconsin Personal Injury Lawyer

Habush v. Cannon - part VI

Wonder if the media is following up on the Habush v. Cannon lawsuit. Checked CCAP, Robert L Habush et al vs. William M Cannon et al, Milwaukee County Case Number 2009CV018149, and there's a phone conference right now with Judge Kahn.

For those who have not seen it yet, the Habush, Habush & Rottier vs. Cannon & Dunphy Complaint.

Wisconsin Personal Injury Lawyer

Habush v. Cannon - part V

A quick note too, the recent Journal-Sentinel article is wrong in asserting that the "Sponsored link [is] gone."

I again just searched Yahoo! and Google as well as Bing and all three have sponsored links when you search for "Habush" or "Rottier" that lead to the website of Cannon & Dunphy.

Wisconsin Personal Injury Attorney

Habush v. Cannon - part IV

JS Online now as an article about the war of words and a quote from Cannon saying of the lawsuit and Habush, "It's ridiculous. He looks like a buffoon." Personally, I don't think either is true here. Let's take a look at the legal basis for the Habush v. Cannon lawsuit:

Wisconsin's Right to Privacy law, Wis. Stats. §995.50, states:

(1) The right of privacy is recognized in this state.
***
(2) In this section, “invasion of privacy” means any of the following:
***
(b) The use, for advertising purposes or for purposes of trade, of the name, portrait or picture of any living person, without having first obtained the written consent of the person or, if the person is a minor, of his or her parent or guardian.
***
(3) The right of privacy recognized in this section shall be interpreted in accordance with the developing common law of privacy, including defenses of absolute and qualified privilege, with due regard for maintaining freedom of communication, privately and through the public media.

Thus, it seems to me, that the question here is whether Cannon's use of Habush's name through Google is permissible under subsection (3). Certainly, there's a possibility it was permissible. The question though is whether that's a question of fact (for a jury to decide) or a question of law (for a court of law to decide). Lawyers may want to see H & R Block E. Enters. v. Swenson, 2008 WI App 3, 307 Wis.2d 390, 745 N.W.2d 421. The bottom line is that we might eventually see this case in front of the Wisconsin Supreme Court, or perhaps the U.S. Supreme Court.

Consumers curious about the legal issues in Habush v. Cannon may want to review the Citizen Media Law Project's Using the Name or Likeness of Another.

Wisconsin Personal Injury Lawyer

Habush v. Cannon - part III

AP has a story on this now in which the two reputable Wisconsin pesonal injury attorneys are now having what can only be described as an ugly war of words. Per the story, among other things, Attorney Bob Habush said: "If Bill Cannon thinks this is a correct way to do business he needs to have his moral compass taken to the repair shop." Conversely, Attorney Bill Cannon is quoted as saying: "This is equally available to Habush if he weren't so cheap to bid on his own name." Though mildly entertaining, I'd venture to guess that lawyers for both attorneys might advise against this public display.

Wisconsin Personal Injury Attorney

Habush v. Cannon - part II

Given the Chicago Tribune's report that Attorney Bill Cannon "calls the lawsuit "laughable" and without merit," perhaps my speculation that Habush and Rottier believed that Cannon wouldn't stop the practice was dead on and they could have been wasting their time if they had expressed concern before filing the lawsuit. More interesting to lawyers though is probably whether or not the practice is legal.

Wisconsin Personal Injury Lawyer

Habush, Habush & Rottier sues Cannon & Dunphy

Habush, Habush & Rottier, an old-guard Wisconsin personal injury law firm, is suing Cannon & Dunphy, another such firm for paying Google to link to the Cannon & Dunphy website when Google user searchs the name Habush or Rottier. It's actually quite interesting given that the Habush law firm was one of the first to advertise quite heavily on T.V. here in Wisconsin, but was one of the last among major Wisconsin personal injury law firms to start advertising on the web. For example, this attorney is aware of the fact that within the last year or so the Habush law firm paid someone to create a network of somewhat generic blogs on the web.

Apparently, some of the underlying facts of the Habush, Habush & Rottier lawsuit are true. I just went to both Google and Yahoo and searched Habush and Rottier and the sponsored results on both searches had the Cannon & Dunphy website listed as "sponsored results." Per the MJS article, Habush has asked a Wisconsin court to stop the Cannon firm from paying for such search results.

In reading the article, what I found interesting was attorney Pat Dunphy's comment the Habush firm didn't call the Cannon & Dunphy firm to express its concern before filing the lawsuit. I too find that interesting given the storied history of these two firms and it makes me think that either Bob Habush and Dan Rottier believed that Cannon & Dunphy wouldn't stop the practice or that the former was possibly looking for some "free press." Certainly, this is an interesting lawsuit among Wisconsin personal injury attorneys.

Wisconsin Personal Injury Attorney

Phone Call and A Check

In How many lawyers do you need? I discussed hiring attorneys and lawyer advertising. Now, I'm going to rip a specific form of lawyer advertising, which is the former client or an actor holding a check and saying something like: all I did was call personal injury attorney ____ and I got $____. Those commercials and similar ones make me sick. They make those of us who represent real victims who were badly injured and who respect the legal profession and our civil justice system look like leeches, which may be a fair description for lawyers running those ads, but not for real Wisconsin personal injury lawyers.

Wisconsin Personal Injury Attorney

How many lawyers do you need?

Saw an outstanding Wisconsin employment discrimination lawyer today and one topic was a personal injury attorney who boasts about the size of his law firm. The discrimination attorney (who's firm has about 10 employees or so) said overhead would concern him there and I've always had issues with unusually large personal injury firms. One concern I've had in Milwaukee is that personal injury lawyers use paid advertising excessively adding to overhead and causing some injury firms to need thousands of clients. At a certain point, partners in these firms lose the ability to see to it that paralegals and lawyers give top level service even if named partners are great lawyers. The next thing that may happen is that associate lawyers feel a need to bring in money and then because they have hundreds of clients at a time, these injury atttorneys settle cases cheaply, which may turn a law firm into a personal injury mill.

I don't know the perfect way how to hire a Wisconsin personal injury lawyer, but I gave direction in Wisconsin personal injury Super Lawyers too. Let me add, that unlike Milwaukee's corporate law firms (e.g. Michael Best, Reinhart, Whyte) where companies need lots of "specialists" (e.g. real estate, regulation, intellectual property, tax, etc.), personal injury clients don't. Rarely, if ever, will an injured party need more than two lawyers at any one injury law firm, so you really shouldn't care "how big" a firm is or "how many" lawyers such a firm has, only whether the one or two attorneys you hire are the ones you're willing to live with for your personal injury case.

Wisconsin Personal Injury Attorney