Flexibility leads to success for Davis & Kuelthau’s Lyons

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Kevin Lyons has built a successful litigation practice at Davis & Kuelthau SC, Milwaukee, by remaining flexible to changes in the profession.

“When I started out, it was all litigation work,” he said. “But now I do a lot of mediation and arbitration. Clients know litigation can be long and expensive, so they are more open to other possibilities.”

Those possibilities can scare some lawyers, but Lyons said there is little to fear.

“I’ve had some lawyers say to me, ‘Mediation is going to make us obsolete,’” he said. “But it’s not that way at all. People will always have disagreements.

“Mediation is just another alternative to the courtroom when it comes to solving that disagreement.”

When parties come together in a room, Lyons said, most of the time they are willing to listen to each other and find a compromise after hearing each other speak about their concerns.

“Mediation gives the clients the power to resolve their own disputes,” he said.

While mediation is a growing part of his practice, Lyons said, it certainly is not the only part.

“Litigation isn’t going away,” he said. “There have been some changes, but people will always have disputes.”

Wisconsin Law Journal: What was your least-favorite class in law school?
Kevin Lyons: For me and my classmates, the least-favorite class was Uniform Commercial Code. We tossed our books onto a bonfire in the law school courtyard after the final. I have since changed my mind about the UCC.

WLJ: What would you have done if you had not become an attorney?
Lyons: I would have taught English, Latin, Greek or history.

WLJ: What has been your biggest achievement to date?
Lyons: My biggest achievement in law was a successful appeal in the 7th Circuit because of the oral argument before a panel chaired by Judge (Richard) Posner. At the end of his questioning that took more than my allotted time, he thanked me and said I had made a very fine oral argument.

WLJ: What is the most difficult case you’ve worked on?
Lyons: My hardest case involved the methane explosion that killed three people in Milwaukee’s Deep Tunnel project. I worried through 11 years of litigation because my clients were innocent. The courts ultimately agreed.

WLJ: What song is in heavy rotation on your iPod?
Lyons: I am listening to a two-disc set of Dave Brubeck recommended by Susan Stamberg.

WLJ: What was your favorite toy as a child?
Lyons: Two American Flyer trains: a Santa Fe passenger train with passenger silhouettes in the coach windows, and a freight train with steam-puffing engine and a rocket-launching flat car.

WLJ: If you could be a superhero, who would you be?
Lyons: Gandalf the Grey who became Gandalf the White.

WLJ: What famous person would you most like to have a drink with?
Lyons: I would have a drink with David McCullough. I would love to hear him describe — he has a wonderful deep, animated speaking voice — his next project and hear his thoughts on teaching history.

WLJ: What is your favorite thing to do in Wisconsin?
Lyons: These days, my favorite thing to do in Wisconsin is to ride my bike. On weekdays before work, I ride in my neighborhood. On weekends, I ride trails here and around the state.

WLJ: If you could change one thing about yourself, what would it be?
Lyons: I would be more patient with my golf game.