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As published in The Chicago Daily Law Bulletin
I clearly remember that bright day, after law school, when my former roommate, Jim Costello, introduced me to the Illinois Pattern Jury Instructions. 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
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
If you walk into an arbitration with all your hair, maybe you’re doing it wrong. Geri Satin was a big firm lawyer in Florida who went back to school for her PhD in legal psychology. Now her firm, Focus Litigation Consulting, helps lawyers prepare for trial. She also prepares lawyers for arbitration. I was one of several arbitrators from around the country chosen to serve on one of her mock arbitrations. It was a complex construction case and lots of fun. Geri loves the brainstorming process and so do I. As published in The Chicago Daily Law Bulletin
I recently sat down with a cop, a PD, a States Attorney, an AG and a judge to discuss negotiation and the use and non-use of power. Their opinions were remarkably consistent. That’s because “they” is one guy—Hon. Dan Gillespie, currently sitting in Law Motions. He’s done virtually every job in the system and loved them all. “Every day was so good. And it went so fast.” 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
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
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
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
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. As published in The Chicago Daily Law Bulletin
Michael Wilkinson knows 70 secrets. Wilkinson is an internationally recognized facilitator and president of Leadership Strategies, the largest provider of facilitation training and meeting facilitation services in the U.S. His clients include top corporations and public entities all over the world. As published in The Chicago Daily Law Bulletin
This is the second of a two-part interview with California mediator Jeff Kichaven on the proper role of a mediator in settlement negotiations. I’ve written previously about the benefits of “break in” meetings with opposing counsel. First, you might learn something from them. Second, you may teach them something that will help you get the case settled, and third, you get to evaluate them yourself to see their resolve. As published in The Chicago Daily Law Bulletin
This is the first of a two-part interview. The second half will run in the July 11 edition. Jeff Kichaven asked me a disturbing question: “Are we doing it right?” Jeff is a well-known mediator in California. He’s beginning to doubt whether “caucus-only” is the best method of mediation. He wonders whether it’s even ethical. As published in The Chicago Daily Law Bulletin
Most of us start a case at the beginning and work forward. My friend Seth Lamden works backward. Seth is a policyholder coverage attorney. He also happens to be a competitive powerlifter. He approaches insurance mediations and lifting meets the same way. As published in The Chicago Daily Law Bulletin
I think it makes a difference, but honestly, I’m not 100 percent sure. In a previous column, I wrote that, unlike liability and damages, proximate cause under IPI 15.01 is binary. That’s true as to causation of damages: It is or it isn’t. A plaintiff either does or does not connect his claimed damages. This article addresses recent developments in Alternative Dispute Resolution. At the forefront of hot topics during the past year sits the ongoing debate over provisions mandating individualized arbitration in disputes arising out of consumer contracts and employment agreements.
Click here for the full pdf. As published in The Chicago Daily Law Bulletin
I accept that Taylor Swift and I are never, ever getting back together. I accept that I will never be Celt of the Year. I accept that I will never dunk a basketball, Snapchat, or get my wife Holly anywhere on time. You can spit into the wind. You could pull on superman’s cape. But there are some true nevers. Here are a few. As published in The Chicago Daily Law Bulletin.
If you think those “Twelve Men” were angry, imagine all the women who should have been in that room! The movie was made in 1957 and it wasn’t until 1973 that women could be on juries in all fifty states. While African Americans had been allowed earlier, various means still kept them off. Batson v Kentucky, 476 U.S. 79 (1986) set out to correct this shameful injustice. Batson prohibited striking jurors in criminal trials because of race. It was extended to civil trials and to sex. With legislation passed last August, Illinois largely extended protection to other groups. As published in The Chicago Daily Law Bulletin
This is the third of a three-part discussion with Jon Vegosen. In the earlier parts, we discussed Jon’s advice for preventing harassment, conducting harassment investigations and evaluating harassment claims. Panter: You've talked about having a very low tolerance for a harasser and you've talked about a strong policy of not retaliating against employees who report a problem. I'm wondering, is there a consequence when someone who has made a complaint, which after a full investigation, is determined to be without merit? |
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