As published in The Chicago Daily Law Bulletin

​Recently, a group of business executives in Milwaukee asked me to present on "what is a mediation." Normally, I give this type of talk to lawyers and insurers who have familiarity with what mediators do. We talk about what makes a mediation effective.​

As published in The Chicago Daily Law Bulletin

Most mediators would poke themselves in the eye six times before having to handle an arbitration. Arbitrations are widely seen as business killers.

Mediations usually end well. The parties make their own decisions and control their fate. Usually, parties leave reasonably satisfied. Sometimes everyone is actually happy. No one made anyone do anything. Everyone made their own choices. It’s not quite like performing a wedding, but it’s usually pretty nice.

As published in The Chicago Daily Law Bulletin
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​Did your last mediation go askew?  Did you feel like you were on a TV game show? Today I’ll discuss common “game show traps” and what to do about them.
 
Shark Tank
 
You and your client walked out on to the carpet to face the harsh glare of an unsympathetic panel of "experts." You presented your case and asked them for money. But you could barely get your story out.  No one really cared.  They didn't get it.  They noted your passion, but were not that interested in your product. They nitpicked away at small details. Just before the end of the day, they gave you a take-it-or-leave-it offer which was going off the table in five minutes. You didn't really want to take it, but what could you do?

As published in The Chicago Daily Law Bulletin
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In this third part of my interview with First District Appellate Court Justice Michael B. Hyman, he shares his thoughts and experiences on being a judge, and the special obligation of judges to behave appropriately in public at all times.
 
“We have a tremendous judiciary. I think that the judges of Cook County are dedicated, hard-working, conscientious and make me proud to have them as my colleagues.”

As published in The Chicago Daily Law Bulletin

In Part 1 of my interview with Justice Michael B. Hyman, we discussed how Lincoln’s professionalism and civility are a model for lawyers even today. In Part 2 below, Justice Hyman takes on legal writing, both that of the lawyers who appear before him and his own approach to writing appellate court decisions.  
 
Hyman, a journalism major, had advice for lawyers’ writing. “The thing that has surprised me the most is disappointment in the ways lawyers write. Most lawyers don't take the time, it's sloppy.

As published in The Chicago Daily Law Bulletin

​In this first of my three-part interview with Justice Michael Hyman, he relates how Lincoln’s ability to remain professional, civil, and gracious is an example all lawyers should consider.
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Justice Michael B. Hyman of Illinois’ First Appellate District says mediators need to look to Lincoln.  “Lincoln was a great mediator because he was a peacemaker.  Making peace was more important to him than anything else so that if he could resolve a case, he would try his darnedest to do so.”

As published in The Chicago Daily Law Bulletin

​As I once heard Nat Ozmon say, sometimes “trite is right.”
 
Previously, I’ve discussed IPIs 3.08, 15.01, and 30.21. Today, let’s cover the most basic and also most underused instruction, IPI 1.01.

As published in The Chicago Daily Law Bulletin

Is there such a thing as too much?
 
Lawyers, parties in litigation and especially insurers are asking.
 
Judges have to be wondering.
 
We've been seeing verdicts in ranges never before imaginable. Why? Here are possible reasons.

As published in The Chicago Daily Law Bulletin
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[Note: Today I'm going to discuss an IPI 15.01 problem. In future columns, I'm going to write about other instructions and how to work with them. I have become a big proselytizer on the importance of jury instructions and I love presenting on them.]

​It happened again, just the other day.

In a recent arbitration, plaintiff's treating physician connected the injury to the accident. Defense retained a well-qualified specialist to give another opinion. The defense doctor thoroughly read all of the records and wrote a lengthy report. He extensively detailed the past medical history. He carefully charted a complete chronology. He showed persuasively that the plaintiff had had many of the same issues even before the accident. He billed a small fortune for his work.

As published in The Chicago Daily Law Bulletin

​As a choice of super human powers, the ability to fly is vastly overrated. The Federal Aviation Administration wouldn’t like it, Transportation Security Administration would be a big nuisance and your neighbors would think you’re weird.

A much more practical super power is the ability to read minds. Imagine a trial lawyer who could do that! Settlements would be a breeze. She would win every motion. Jurors would be putty in her hands.

As published in The Chicago Daily Law Bulletin

Talk is cheap. Listening is where the money is.
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Mediators need to be very good listeners. Ellen Schnur teaches active listening in an unexpected way. She teaches comic improvisation, through her company, ImprovTalk. Her clients are frequently CEOs. Improv, it turns out, is more about listening than coming up with clever retorts. On stage, the great Second City alum are mostly great listeners. Ellen explained why listening is so hard.
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​Ever since the first caveman traded a few spicy pterodactyl wings for a woolly mammoth loincloth, mankind has been negotiating and mediating. Hoping to learn from the past, I asked my friend Mark Rabinowitz, an experienced litigator and history buff, to discuss memorable negotiations in history—and the lessons to be learned from them.

As published in TIPS (Tort Trial & Insurance Practice) Committee News, ABA

This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

This article is part two of a two-part summary of an interview with four veteran court reporters who met with the author to discuss what they really think about the courtroom, judges, and lawyers. For ease of reading, and because all four agreed to talk so long as they were not identified by name, Judge Panter has combined their comments, but all the quoted text came from one of the court reporters.

Common Courtesy

Some of the complaints from the panel had to do with issues of common courtesy—acknowledging the court reporter as a person in the courtroom or conference room, asking after their needs, and treating reporters like professionals.

As published in TIPS (Tort Trial & Insurance Practice) Committee News, ABA

This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

Four of my veteran court reporters met to discuss what they really think about the courtroom, judges and lawyers. They didn’t hold back! 

Below is a summary of our interview. For ease of reading, and because all four agreed to talk so long as they weren’t identified by name, I’ve com-bined their comments—but all the quoted text was said by one of them. 

We began talking about what directly impacts a court reporter’s ability to create a record.

As published in The Chicago Daily Law Bulletin

​In my last column, I made the case for having face-to-face meetings during mediation. Today, I’ll go into more detail about how meetings in mediation should work.
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Traditionally in mediation, we talk about having “break-outs.” Everyone immediately goes into their own rooms to hide and wait for the mediator to come. Then the mediator walks in and everyone in the room waits for the news. What does the other side say? How can they possibly say that? How can they possibly make such a ridiculous offer/demand? Why don’t they understand the realities of the case? Why can’t you convince them how wrong they are? Why aren’t they getting such and such fact/theory/case law?

As published in The Chicago Daily Law Bulletin

​Your opponent is much harder to beat — when you won’t see him and you won’t meet him.
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This column is the first of two about the importance of using mediation to meet with your opponent. Today I’ll explain why you should take advantage of the opportunity to meet. In my next column, I’ll describe how “break-in” meetings in mediation should work.

As published in The Chicago Daily Law Bulletin

​17th-century jurist John Selden noted that a “foot” used to be the length of the then chancellor's foot.  The length of people’s feet varies, obviously, so as chancellors came and went, the length of a foot varied also. Subjectivity made expectations impossible. Building contractors probably went crazy.

​​As published in The Chicago Daily Law Bulletin

On March 18, 2017, we lost attorney E. Lawrence “Barney” Oldfield. His real-life legal career was straight out of the TV show “Westworld” — he practiced cattle-rustling law.

Representing the Hartford Insurance Co., Larry defended unproved claims of rustling and also went after the bad guys who stole cattle after Hartford paid the ranchers. In the process, he made law in 26 states, 19 federal jurisdictions and even in the U.S. Supreme Court. He was a regular speaker for the National Cattlemen’s Beef Association.

​​As published in The Chicago Daily Law Bulletin

God counts women’s tears.

It’s a concept in the Talmud from a 2,500-year-old commentary on torts and property under Jewish law.

It means that every tear shed by every woman is so important that God actually counts them. What a beautifully elegant way to express it! Counting demonstrates the enormous value more than a lengthy explanation.

​A recent report from the American Bar Association’s Commission on Women and the American Bar Foundation confirmed what most of already sensed. In a study of trials and trial lawyers in the Northern District of Illinois, researchers concluded that women appear in civil trials less often than men, and when they do appear, are far less likely to appear as first chair.
 
Which was news to exactly none of us out here in the trenches.

​​As published in The Chicago Daily Law Bulletin

This is the second in a two-part series of columns based on a discussion with Cook County Associate Judge LaGuina Clay-Herron. In the first portion of the discussion, Judge Clay-Herron discussed her years as a teacher in Chicago Public Schools, and the story of her first appearance in a courtroom as a new lawyer.

In this Part 2, Cook County Associate Judge LaGuina Clay-Herron spoke with me about her involvement in a class-action suit against racial profiling. Our interview below has been edited for length and clarity.

Clay-Herron: Let me tell you a story about racial profiling. My best friend and I — we’ve been friends for over 30 years, we went to college and everything — we would go to Jamaica every year, sometimes twice a year.

I was a school teacher at the time, and it went into me being a lawyer. She was a human resources director for one of the biggest companies out there. Each time we would go and come back, U.S. Customs would detain us.