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.

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 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.​

As published in The Chicago Daily Law Bulletin
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​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?

As published in The Chicago Daily Law Bulletin

This is the second of a three-part discussion with Jon Vegosen. In Part 1, Jon Vegosen shared tips for investigating a sexual harassment claim. In today’s column we discuss the goal of these investigations.

As published in The Chicago Daily Law Bulletin

In addition to heading up the United States Tennis Association as its Chairman of the Board, President, and CEO, and having such “unpleasant” duties as having to attend every U.S. Open, my friend Jon Vegosen (also co-founder of Funkhouser Vegosen Liebman & Dunn Ltd.) acquired a great deal of experience in advising clients on preventing and investigating sexual and other harassment. Recent events and scandals have cast much more attention on the need for safe and professional working environments. 

As published in The Chicago Daily Law Bulletin

Today I’ll answer a few “readers’ questions.”

Dear Judge Panter: I did everything you told me to do. I prepared for my mediation. I wrote a great pretrial memo. I discussed options with my client and set expectations. I got other eyes on the case before going in. I worked very hard with my mediator. I did everything I could but they still didn’t pay me what I wanted. What went wrong? --Desperately Seeking Settlement

Dear DSS,

In this business, you get two — and only two — choices. Settle or go to trial. If you ain’t settling, you’re going to trial. Well, at least closer to trial. Hopefully you learned something at the mediation and know what you need to do to get closer to what you want. Otherwise, readjust your expectations. An old, old man once said, “You can’t always get what you want. But if you try sometimes, you’ll get what you need.” Amen.

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.