Setting the Pace: How Strong Opponents Elevate the Practice

By: Danielle Schroder, President, Wisconsin Association for Justice, and Grace Kulkoski, President, Wisconsin Defense Counsel 

Each issue of the Journal traditionally begins with a message from the current President. For this issue, we are straying from tradition slightly to offer the combined perspective of the current President of the Wisconsin Association of Justice (WAJ)—Daniel Schroder—and the current President of the Wisconsin Defense Counsel (WDC)—Grace Kulkoski. Danielle and Grace weigh in on their goals and hopes for their respective organizations and discuss the shared perspective that a strong opponent and a fair fight brings out the best in each of us.

WAJ President Danielle Schroder

I live just outside of Madison, in Verona, Wisconsin. I’m married, have three kids ages 12, 10 and 4, and a dog who loves to run in the snow (Siberian Husky). I grew up in Rhinelander, Wisconsin, “home of the hodag.” I practiced law for twelve years at a plaintiff’s labor and employment firm in Madison. I transitioned my practice to exclusively plaintiff’s personal injury work, and in 2023, I joined MacGillis Law Group, LLC.

Outside of professional life, I enjoy going outside for a run, which is a perfect pastime in Madison with its vibrant running community. Notwithstanding my disdain for the activity during my formative years (after all, running was the punishment when we messed up in basketball – I can still hear my coach yell, “Get on the line!”), I developed a love for running in college and beyond. It serves as an escape from the built-up stress while working in the office. It is a breath of fresh air. Often new ideas pop into my head while I’m out on the trail. I’m currently a member of Fleet Feet Running Club, which Grace is a part of as well.

WDC President Grace Kulkoski

I live in Verona, Wisconsin with my husband, three children, two dogs, and a goldfish named Mr. Bubbles who will probably outlive all of us. I work as in-house counsel for Wisconsin Mutual Insurance Company, where I am fortunate enough to handle a variety of duties, including representing the company and our insureds in litigated matters. I love working in the insurance field and the variety that every day brings.

In my spare time, or more appropriately, in the minutes that I carefully carve out for myself each day, I love to run. Weekend mornings are always reserved for a long run on one of the many bike trails in Madison. In the summer, it’s my daily dose of vitamin D. In the winter, it’s my way of getting outside and “conquering winter.” I met Danielle through work, and she got me connected with the Fleet Feet Running club, where we frequently get a chance to meet up for group runs and catch up. In fact, we got together for a run to chat about writing this article together! 

As pals on the trail, but opponents in the courtroom, we both feel strongly that a fair fight with a skilled adversary is the best recipe for quality advocacy. We both hope to lead our organizations in a way that improves the quality of the practice and serves the interests of our clients. During our run, we chatted about our goals and plans for our organizations and found that we share many of the same aspirations.

Wisconsin Association for Justice

At the forefront of WAJ’s mission this year is to build robust connections amongst our membership. We strive to develop our trial lawyers so that we shape the law for the better in years to come. As stated during my speech at The President’s Dinner, I am struck by the simple, yet significant words of advice, “Don’t do it alone.” We must connect as professionals to support each other, share our knowledge and experience. This is how we raise the bar. This is how we all succeed in our practices. This is how we effectuate the quality administration of justice. Dare I say, we cannot competently do our jobs without connecting and learning from other humans in the profession.

Similarly, we need to be “includers” of young lawyers and students. WAJ continues to reach out to law students, supporting them in their mock trial programs and joining them in their classrooms and student groups to discuss civil trial law practice. I encourage law firms to provide training and mentorship to new lawyers and law clerks, as so many of you already do. 

Wisconsin Defense Counsel

WDC is prioritizing mentorship as a way to provide guidance to our newer attorney members and strengthen the industry as a whole. During my time serving as President to our organization, I have been working on a program to pair up newer attorneys with more experienced members. Our industry benefits when we can share knowledge, experience, and skill.

Our organization provides a space for our members to teach one another, offer different perspectives on issues and collaborate. We keep each other sharp and aware of changes in the law and emerging trends. My hope for WDC is that our members feel supported in their work and we can continue to share the responsibility of educating and mentoring the next generation of advocates. Mentorship, quality journal content, and valuable seminar education continue to be at the heart of the mission of WDC, and I’m glad I can have a small part in fulfilling that mission. 

Iron Sharpens Iron. Strong Opponents Make Us Better.

As we ran together, pushing the pace a bit, we talked about the shared goals of our organizations, and how much we both value the strong guidance and support that our organizations provide to our members. We shared examples of impressive advocacy we’ve seen from opponents, and the respect we have for skilled attorneys who are prepared and straightforward about the strengths and weaknesses of their case. We were both out of breath and tired by the end of the run but felt great for pushing each other through a tough workout!

It is not uncommon for the performance of a sports team to change based on the quality of their opponent. For instance, a team playing a less talented opponent can become complacent, playing down to their level. On the flip side, in the context of running, folks often find they are able to go faster and farther in a group setting than they ever could alone. Runners will set new “PR’s” (personal records) when they are racing against quality competitors.The same is true in the law. The legal system functions best with formidable opponents – ones that challenge us and sharpen our skills but don’t play dirty.

Our Rules of Professional Conduct support this notion. For instance, SCR Ch. 20 Preamble states, “A lawyer's responsibilities as a representative of clients, an officer of the legal system and a public citizen are usually harmonious. Thus, when an opposing party is well represented, a lawyer can be a zealous advocate on behalf of a client and at the same time assume that justice is being done.”

As residents of competing civil trial lawyers associations, we stand together on the notion that justice is served when everyone plays by the rules. Our members must be competent (SCR 20:1.1) and diligent (SCR 20:1.3). If lawyers fail in these obligations, trial work surely will expose their shortcomings … to the detriment of clients. Refuse to engage in unethical or unfair practices (SCR 20:3.4). Don’t hide evidence or misrepresent the truth (SCR 20:3.3, 3.4). Instruct clients and witnesses in their obligation to be truthful and forthcoming (SCR 20:3.3). As officers of the legal system, we must zealously advocate for our clients while running a clean race.

When asked to share some words during the Olympics, freestyle skier Eileen Gu told her interviewer, “What I yearn for most is a worthy opponent. Then I have a reason to be better every day.” We can all serve our clients and maintain the integrity of our industry by being that worthy opponent to one another. When you’re at a deposition, or in the courtroom, bring your absolute best. Know your case, be prepared, and fight for your client. When it’s over, acknowledge a job well-done by the other side, win or lose. As our two organizations look toward the future, we hope to continue to challenge each other to be better through advocacy backed by skill, knowledge, and preparation, and grounded in mutual respect and integrity.