Lawyer Overview

Early in his legal practice, Erik Guenther was recognized as the "Volunteer Attorney of the Year" by the American Civil Liberties Union of Wisconsin Foundation (ACLU-WIF) and was also a recipient of a 2003 Journal Times Award for his contributions to Racine County. The Racine Journal Times noted that, "It takes tremendous courage to fight City Hall. As the Racine community has learned this year, attorney Erik Guenther is no coward." The Electronic Music Defense and Education Fund (EM:DEF) stated that, "the electronic music community is deeply indebted to Attorney Erik Guenther..." following his successful defense of hundreds of individuals who received municipal citations based on their attendance at an electronic music concert.

The passion for individual rights and for helping the little guy led to more criminal defense work and eventually to Hurley, Burish & Stanton, S.C. The firm represents individuals and businesses in state and federal court - from someone being a "person of interest" in a law enforcement investigation through charging, trial and appeal. The issues at hand can range from minor violations to serious felony cases. Erik represents a wide range of clients and cases, but has had experience with university students and their unique issues. Erik also assists business clients with internal investigations of potential wrongdoing by employees.

Erik is developing a reputation as a top young litigator as recognized by In Business magazine and repeatedly by peers in the Wisconsin Super Lawyers® survey. He was profiled in the 2007 Wisconsin Super Lawyers® magazine in an article titled "Peer Recognition: How Erik Guenther Gets Juries to Sympathize with Clients Accused of Sexual Assault."

In April 2008, Erik returned from Afghanistan where he served as the Defense Mentor in the Justice Sector Support Program (JSSP); a program funded by the U.S. Department of State. JSSP focuses on helping the government of Afghanistan improve criminal justice reform through training for judges, prosecutors, police officers and defense counsel. The Dane County Criminal Defense Bar Association selected Erik as its 2007 "Warrior of the Year" for his service in Afghanistan.

The Wisconsin State Journal recently profiled Erik in a front-page story, describing him as a "rising star in the state legal establishment and already a teacher in cutting-edge legal issues and a civil liberties expert."

On helping clients:

"I don’t like bullies, and bullies can take a lot of different forms in a criminal proceeding. My job is to balance the scales to help get my client through a tough time with the best possible outcome."

On Understanding:

"It's very important to understand the client and why they made the choices they made in a particular situation. A good lawyer doesn’t believe or disbelieve. A good lawyer helps the jury see themselves in the client’s shoes."

Areas of Practice

• Criminal Defense

West Practice Categories

Criminal Law

Bar Admissions

• Wisconsin
• U.S. District Court Western District of Wisconsin
• U.S. District Court Eastern District of Wisconsin
• U.S. Court of Appeals 7th Circuit

Professional Associations and Memberships

• American Civil Liberties Union of Wisconsin (President, Board of Trustees)
• American Civil Liberties Union of Wisconsin (President, Board of Directors)
• State Bar of Wisconsin (Legislative Oversight Committee)
• State Bar of Wisconsin, Individual Rights and Responsibilities Section (Former Chairperson)
• International Network to Promote the Rule of Law (INPROL)
• National Association of Criminal Defense Lawyers (NACDL)
• Wisconsin Association of Criminal Defense Lawyers (WACDL) (Board of Directors)
• Dane County Bar Association
• Dane County Criminal Defense Bar Association
• American Bar Association, Criminal Justice Section
• MAGNET (Madison Area Growth Network)

Honors and Awards

• Warrior of the Year - Dane County Criminal Defense Bar Association, 2007
• "Rising Star" - Super Lawyers and Rising Stars®/Milwaukee Magazine, 2006 - 2008
• "Mission Possible: Improving Justice in Afghanistan", Wisconsin Lawyer, 2008
• "City lawyer teaches law to Afghans", Wisconsin State Journal, April 27, 2008
• "Peer Recognition: How Erik Guenther Gets Juries to Sympathize with Clients Accused of Sexual Assault", Super Lawyers and Rising Stars®/Milwaukee Magazine, 2007
• Listed, Marquis Who's Who in American Law®, 2007 - 2008
• Book of Lists - "40 Under 40," In Business, 2005
• Journal Times Award, Racine Journal Times, 2003
• Volunteer Attorney of the Year, American Civil Liberties Union of Wisconsin Foundation, 2002

Classes and Seminars

• Practical Guide to Criminal Law: Know Your Rights, Law & Society, Carthage College, October 24, 2008
• Constitutional Law I: The Constitution and Power, Carthage College, October 24, 2008
• A Practical Guide to Criminal Law: Know Your Rights, University of Wisconsin - Eau Claire, October 9, 2008
• Teaching the Bill of Rights: The Courthouse, the Capital and the Classroom, Northeastern Wisconsin Education Association (NWEA) Conference, October 9, 2008
• Do You Cyber[Law]?: Facebook and the First Amendment, ACLU of Wisconsin Membership and Activist Conference, September 27, 2008
• The International Criminal Court and the Law of Afghanistan, Dane County Criminal Defense Lawyers Association, September 9, 2008
• International Criminal Law and the Law of Afghanistan, Dane County Bar Association - New Lawyers Section, June 18, 2008
• International Criminal Law and the Law of Afghanistan, Comparative Law, Carthage College, April 23, 2008
• A Practical Guide to Criminal Law: Know Your Rights, Constitutional Law II: Civil Rights and Civil Liberties, Carthage College, April 23, 2008
• Phi Alpha Delta Pre-Law Society Forum, Carthage College, April 10, 2008
• Briarpatch Youth Services, School Discipline and Student Rights Workshop, July 19, 2007
• Just the Facts: Investigations in Criminal Defense Litigation, Professional Association of Wisconsin Licensed Investigators, March 30, 2007
• The Right To Counsel, Constitutional Law II: Civil Rights and Civil Liberties, Carthage College, March 26, 2007
• UW-Madison Students for a Sensible Drug Policy and ACLU-UW, Don't Get Arrested Over Spring Break!, March 22, 2007
• Advocacy Institute for Racial Equality, Preventing and Defending School Disciplinary Proceedings, March 10, 2007
• Protecting Fringe Expression Through Impact Litigation, Constitutional Rights: Freedom of Expression, Carthage College, November 2, 2006
• UW-Madison Students for a Sensible Drug Policy: A Student’s Guide to Criminal Law, April 6, 2005 - April 7, 2005
• Wisconsin Criminal Litigation Update, Professional Education Systems, Inc., February 15, 2005
• UW-Madison Students for a Sensible Drug Policy: A Student’s Guide to Criminal Law, April 14, 2004
• Anatomy of a First Amendment Violation, ACLU College Freedom Tour & Statewide Student Convention, October 7, 2003

Education

• University of Wisconsin, Madison, Wisconsin, 2002
  J.D.
  Honors: State Bar of Wisconsin Award for Excellence in Corporate Finance
  Honors: Student Bar Association, Budget Committee
  Honors: Joseph E. Davies Award for Scholarship and Outstanding Commitment to the La
  Honors: Clinical: Legal Defense Program
  
  Law Journal: University of Wisconsin International Law Journal, Note and Comment Editor
• Carthage College, Kenosha, Wisconsin, 1999
  B.A.
  Honors: magna cum laude
  Honors: Lincoln Scholar
  Honors: Dean's List
  Honors: Honor's List
  Honors: Who's Who Among Students in American Universities and Colleges
  Major: Economics
  Major: Business Administration

Offers Free Initial Consultation

Accepts Credit Cards

Published Works

• Minimizing the Danger of an Online World, Wisconsin Law Journal, Vol. 20., No. 20, Page 11A,, 2006
• What's Truth Got to Do With It? The Burden of Proof Instruction Violates the Presumption of Innocence, Wisconsin Defender, Fall, 2005
• Can Defense Counsel Ethically Breach a Plea Agreement?, Wisconsin Defender, June, 2005
• Expanding Crawford v. Washington: The Need for an Absolute Confrontation Clause, Rights, Vol._ No.1., 2005
• Raving Lunacy: How Mainstream Misconceptions of Electronic Music Events Threaten Civil Liberties, Spring, 2003
• Preventing and Defending School Discipline Proceedings
• Your Right To Your Employment Record
• Reporting Duties of Corporate Attorneys - SEC Rules and Explanations, Wisconsin Lawyer, April, 2003
• Reporting Duties of Corporate Attorneys - SEC Rules and Explanations, 76-APR Wis.Law.30, WESTLAW Journals

Address

33 East Main Street
Suite 400
Madison, WI 53703-3095

Phones

(608) 257-0945

Faxes

(608) 257-5764

Emails

Contact Us

Websites

http://www.hbslawfirm.com