Watch and learn: Domnitz relishes the art of the oratory

Listen to this article

Merrick Domnitz worries that what first inspired him to become an attorney more than 40 years ago is fading away.

When he was younger, Domnitz, a partner at Domnitz & Skemp S.C. in Milwaukee, visited the courthouse and watched attorneys as they put together their persuasive and complete oral arguments.

“I really enjoyed seeing those, but now not as many cases go to trial, and when you do go to trial you don’t get as much time for a number of reasons,” said Domnitz, a personal injury attorney. “I think we’re losing that art of oratory. There was no greater teacher than watching an older lawyer try a case. They have that ability to think on their feet, keep their wits about them and craft a persuasive argument and convincing the jury that you are a source of credible information.”

There’s no one reason why the litigation practice has changed, Domnitz said. He said judges, legislators and lawyers themselves have all played a role.

“A lot of the legislation seems to be ‘for’ the offender instead of ‘for’ the person affected,” Domnitz said. “Judges also are taking away some of an attorney’s ability to run a trial by limiting the time an attorney can voir dire a jury, for example.”

Although the practice of law has changed, Domnitz still enjoys the work enough to take on cases that he’s interested in. He is, however, passing more work to his son, Noah, who, along with Tony Skemp, are partners in the firm. Domnitz has worked with his son for seven years.

“I’ve tried to teach Noah and Tony to travel the high road. When you do that, you see a lot of personal and professional benefits,” he said. “Working with my son has been one of the most rewarding parts of my practice. I wasn’t surprised Noah became an attorney, but it was something he decided. He has the talent and the right strengths to be a very successful litigator.”

Domnitz was initially drawn to litigation since he saw it as a way he could help others. That still holds true today.

“Some people I’ve worked with have been devastated by the acts of someone else and you can help them get part of their lives back on track,” he said. “That is very rewarding.”

Wisconsin Law Journal: What makes your work important to you?
Merrick Domnitz: I’m a great believer in the American way of life and the civic justice system is an important cog in that. The ability to help people whose life was interrupted by someone else is very rewarding. I feel like what we do benefits society.

WLJ: What is one thing that people get wrong about what you do?
Domnitz: That we’re ambulance chasers. We are not preying on other people’s misfortune. We don’t go out and advertise a lot. People come to us via referrals because they know we’re very good lawyers and we’re nice guys. We’re very hands-on. We’re a small office — there are just three lawyers and two paralegals.

WLJ: Who are your legal heroes?
Domnitz: I have so many. I think about the attorneys I watched growing up and then later watching Bob Habush trying cases. I also think very highly of my partners Tony (Skemp) and my son, Noah.

WLJ: What’s your favorite memory from law school?
Domnitz: My wife, Anita, worked full-time as a nurse while I was in law school. She carried the bigger burden, which allowed me to focus on my studies. It was so selfless of her. Anita is the prime motivation for what I’ve done in my life.

WLJ: Is there a case that stands out to you?
Domnitz: I had a medical negligence case involving a 3-day-old baby. The parents felt the baby was in trouble and the triage system didn’t listen to their concerns and he developed lifelong problems. After two trials and eight years, we finally earned the family a $10.5 million judgment so they can provide the necessary care for their child. He’s now doing as well as the circumstances allow and it was great to see the dedication the parents have to him. Being able to bring the family justice was very heartwarming.