As published in The Chicago Daily Law Bulletin.

In my last column, “Mediation: Impassible”, I gave suggestions to break through impasse.
​
Mediators have to be able to deal with impasse but avoidance is the best strategy. Impassible can be pretty tough and, as they say in the movie, merely difficult should be a walk in the park.

Welcome to “Mediation: Impassable,” where the mediation you chose to accept is now mired so deep in mud, not even Tom Cruise could move it.

​If you’re really stuck after reasonable efforts, here are a few suggestions.

As published in The Chicago Daily Law Bulletin

More tips from top lawyers, Margaret Battersby Black and Laura Lally.

Margaret Battersby Black:

1. Carefully chart the progression of the wound. Link periods where the nursing home isn't doing what they should.​

As published in The Chicago Daily Law Bulletin

Last column reviewed basics of bed sore cases. Here, top plaintiffs’ and defense lawyers, Margaret Battersby Black and Laura Lally give their thoughts.
 
Who is the defendant, is the threshold question. Nursing facilities have different standards and exposures including attorneys’ fees.​

This series is about bed sores, an often- mediated case. Some brief background here, and then advice from top trial lawyers, Margaret Battersby Black and Laura Lally.

​Unsurprisingly, as the body ages, the largest organ, the skin, becomes susceptible to damage. Care of the skin becomes challenging. Pressure or decubitus ulcers which occur in healthcare settings (HAPUs) are frequent grounds for litigation.
Different rules apply to nursing facilities.
​

​Mitch Hedberg said, “I used to do drugs. I still do, but I used to, too.”
 
Which illustrates our need for timelines.
 
Hedberg’s gag implies two separate time periods when there’s really just one. Distorting temporal relationships can be engaging and funny in jokes and riveting in movies like Pulp Fiction and Memento, but usually doesn’t make for clear communication.

As published in The Chicago Daily Law Bulletin

I recommend all trial lawyers read Alex Beehler’s article on Section 2-1009 non-suits, The Voluntary Dismissal: Getting It Right, from this January’s CBA Record. I had a few additional thoughts and he responded thoughtfully.
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First, some background. The statue on non-suits attempts to balance directly competing interests. Non-suits can be costly and disruptive to the defense. Not getting a non-suit, especially after the denial of a motion for continuance, may unfairly impair a plaintiff's right to a trial on the merits. The ability to non-suit is deemed so important that plaintiff is given one opportunity to non-suit "as of right".

In my journey to learn about mediation, I thought Fisher and Ury’s Getting to Yes was gospel—until I happened to read Chris Voss’ Never Split the Difference, Negotiating As If Your Life Depended On It.

As published in The Chicago Daily Law Bulletin

As published in the ABA Newsletter: Committee News

Can a plaintiff get “full value” at mediation?  Some lawyers say no.  They say that a full value offer can come only after trial starts, sometimes after a few witnesses.

They’re right . . . in a way.   Most defendants are not going to pay at mediation what they might pay at trial, provided everything goes right for plaintiff. 

As published in The Chicago Daily Law Bulletin

Trying to explain what makes a good trial lawyer is tough.
You don’t have to dress like Gerry Spence.
You don’t have to browbeat a witness like Tom Cruise. 
I haven’t seen much suspender-snapping like Clarence Darrow and I’ve definitely never seen Elle Woods. 
But, if you don’t know the jury instructions, you are never going to get very far. 
​Not at trial. Not in settlements. Not in motions. 

As Published in The Chicago Daily Law Bulletin

Some trial lawyers live in a Jurassic Park where handling giant beasts is their daily work. Master trial lawyer Matt Williams of Salvi, Schostok & Pritchard P.C is one of them. Recently he shared four tips on settling the monster case. ​

As published in ​The Chicago Daily Law Bulletin

A. Something You Don't See Everyday
--"Years ago I did have a case where there were three half sisters whose mother had died. No will.
"The one half sister who opposed the other two called me since she'd had a prior injury case with me. It quickly devolved into the most extraordinary odd probate case ever. There were police called to ensure that the 'magic suitcase of personal belongings' wasn't taken when one of the three entered the residence of the deceased mom. There was a car that was up on blocks that didn't run, but since it had been used in a movie, it was 'famous' , and therefore valuable (to them).

As published in The Chicago Daily Law Bulletin
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Arsenic is 100% “natural.”
 
Don’t eat it.
 
Natural doesn’t mean it’s good for you. Tobacco and asbestos kill while many unnatural substances sustain and cure. 
In most human concerns, natural doesn’t mean much. The question is usually, is it safe? Is it good?

As published in The Chicago Daily Law Bulletin

​At the end of the year, Richard H. Donohue will transition to senior status with the firm he founded, Donohue Brown Mathewson & Smyth, LLC.
 
Others will review his remarkable career and give the accolades he deserves.

I’ll say simply that if Chicago has ever had a finer all-around trial lawyer, I don’t know who it could be.

As published in The Chicago Daily Law Bulletin

• Motion for SOJ, DENIED!!! 
• I respect your client’s decision not to take that very reasonable offer, so let’s start hearing the motions and see what happens. 
• Sheriff, could you come in right this minute please?! 
• Ladies and gentlemen of the jury, why look, here comes Mr. Jones so I guess we can finally start!

As published in The Chicago Daily Law Bulletin

Computers begot computer crime which begot risk and loss which begot insurance which begot claims which begot denials which begot litigation which begot a practice specialty no one imagined ten years ago.
 
Lisa Campisi works in that practice area. 
 
I was impressed when I heard her speak at an insurance coverage conference in Phoenix. She represents policyholders in cyber insurance cases.

As published in The Chicago Daily Law Bulletin
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One of the plum assignments in the vast Cook County Judiciary is Law/Motions.
 
First, the supervising judge, Kathy Flanagan, is absolutely wonderful. She welcomed me with open arms and a stack of helpful books and advice. I ran my own call exactly as I wanted and she was always available to get right off the bench to help me with a sticky problem. Her counsel was golden.
 
Second, you get to work with some of the very best attorneys around and have the chance to help them with their case problems. 

As published in The Chicago Daily Law Bulletin
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I really enjoy helping lawyers with case problems.
 
Recently, I heard from a plaintiffs’ lawyer asking what to do about a cruddy client.
 
It’s a good case—it’s just that the plaintiff doesn’t present well. He’s going to turn the jurors off or simply not connect with them.
 
It’s not merely a trial problem. It definitely affects settlement value.

As published in The Chicago Daily Law Bulletin
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Despite daily reports of horror, 2.7 million people choose to live together in Chicago. We lawyers and judges sometimes forget that figuring out how to get people to live with each other is the entire purpose behind everything we do in law. Alderman Michele Smith, who used to be a prosecutor and corporate lawyer, told me recently that figuring out how to make that work is one of the most important parts of her job. “My role is to try to take out the noise,” so people can solve their own problems, she told me.

As published in The Chicago Daily Law Bulletin

​Recently, for the first time (not counting birthday parties in the official Kiddieland fire trucks), I got to ride in a real CFD ambulance. I’d had some sort of lakefront bike crash. Holly came and called 911 and next thing I knew, I was being swarmed by the trauma team at the hospital. No serious injuries and I was back to work that afternoon. But it made me think about what we do.

As published in The Chicago Daily Law Bulletin

​Moving back to the city, I quickly learned that aldermen are our busiest mediators. Brian Hopkins, the 42nd Ward alderman, has been very helpful in our neighborhood. 

​“For me in my role as alderman now, I have to be very conscious of two different levels of the public interest. I'm a public servant, so I represent the public. But there's the immediate public on a given block in my neighborhood, and there's the public of the city of Chicago.