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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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.

​​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.

​As published in The Chicago Daily Law Bulletin

Recently, I sat down with Cook County Associate Judge LaGuina Clay-Herron to discuss her approach to judging, her start as a Chicago Public Schools teacher and other topics. In this first part of the interview, Clay-Herron discusses the first time she set foot in a Cook County courtroom as a new advocate. The interview below has been edited for length and clarity.

​As published in The Chicago Daily Law Bulletin

Over the course of my career as a trial lawyer, the importance of jury instructions became increasingly clear. Then, as a judge, I read them until I had them pretty well-memorized. Now I love presenting on them and showing lawyers how to think of them in strategizing their cases. Here are two thoughts — one for each side.

​As published in The Chicago Daily Law Bulletin

Growing up, I was a fanatic Mad magazine reader. I still own 30 of the books. There’s one article I can’t find anywhere, but I still remember it all these years later: It was about how movie villains are often far more polite than movie heroes.

In it, Goldfinger says something to James Bond along the lines of, “Well, Mr. Bond, I hope you’re comfortable. Can I get you a nice martini as you wait for the laser beam?”

Bond replies with something like, “Go to #$%#, you *&*#*!”

​As published in The Chicago Daily Law Bulletin. Also published in TIPS (Tort Trial & Insurance Practice) Committee News, ABA, Spring 2017 Issue as Voir dire don'ts

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.

At our mediations, we talk a lot about juries.

What a jury is likely to do with a case, and how jurors would react to particular issues and witnesses, are constant considerations. That’s how we determine case value.

As published in The Chicago Daily Law Bulletin

This is the fourth and final column in a series based on a recorded discussion with George Collins, who died in October at age 85.

George Collins handled many law firm dissolutions over the six decades he practiced law. He talked about the two issues that come up in almost every firm breakup: Who keeps the main phone number and who keeps the office space.

As published in The Chicago Daily Law Bulletin

This is the third in a series of columns based on a recorded discussion with George Collins, a master, teacher and mentor in the Chicago bar, who died in October at age 85.

George Collins represented many lawyers and law firms over the past six decades and was scrupulous about not representing anyone if he had ever represented any other member of their firm.

“I would say fully half, if not more, of the opportunities we might have to participate in a firm breakup we just can’t do because we got people on both sides. In those cases, I just back out,” he told me.
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What about asking for a waiver?

As published in The Chicago Daily Law Bulletin

This is the second in a series of columns based on a recorded discussion with George B. Collins, a lion of the Chicago bar who died in October at age 85.

For six decades, George B. Collins was the go-to advocate for lawyers and judges facing charges before the Judicial Inquiry Board and the Attorney Registration & Disciplinary Commission.

In the first section of our discussion that ran in the Daily Law Bulletin on Feb. 8, George shared his advice about practice before the JIB. In this section, he talks about ARDC practice.
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Even for George Collins, each ARDC cases was sui generis, unlike anything else.

As published in The Chicago Daily Law Bulletin

This is the first of a four-part series of columns based an extended interview with George B. Collins.
Representing lawyers can be challenging — and representing judges, even more so.

That’s from the old-school Arkansas-raised legal icon, George B. Collins, whom I had the great privilege of interviewing shortly before his death in October at age 85.
​
Among all the great and famous, when lawyers and judges needed help, George was the man. He represented lawyers and judges before the Attorney Registration & Disciplinary Commission, the Judicial Inquiry Board and in many law firm breakups. I sought his advice often.

As published in The Chicago Daily Law Bulletin

Final is great when you win. And not so great when you don’t. But even when you don’t, at least there’s the consolation that the long years of fighting are finally over. That’s a big selling point of arbitration.

As a trial court judge, I knew that an aggrieved party could appeal and get a second read. I didn’t even want my decision to be reversed; I came to like writing “thorough” opinions, and my clerks sometimes would see me throw away the 20th draft and start again from scratch. But as a judge I knew that my decision was not necessarily the final word.