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Litigation

The Illinois Trial Practice Blog The Illinois Trial Practice Blog

Tips and techniques for trial lawyers, whether plaintiff or defense
By Schaeffer & Lamere, P.C

Post Frequency: 1.8/day

Last Entry: March 30, 2011 at 14:54:42

Recent Entries: 272

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Cross Examination for Students and Practitioners

Posted on March 30, 2011
There's a new book about cross-examination in the Aspen Coursebook Series: "Cross-Examination Handbook: Persuasion, Strategies, and Techniques," by Ronald H. Clark, George R. Dekle, Sr., and William S. Bailey. According to the authors, the book is "designed for law students...


My Deposition Book: Fourth Revision

Posted on March 24, 2011
The fourth revision to my book, Deposition Checklists and Strategies, is out, with a new chapter on breach of contract, plus many additional practice tips and minor revisions. Here's the revised chapter list: Deposition Procedures and Strategies Vehicular Liability Premises...


Reverse-Engineering Deposition Outlines

Posted on March 09, 2011
In conjunction with a project I'm doing about preparing plaintiffs for deposition, I pointed out that in many types of cases, it's possible to predict with great accuracy what your client will be asked. This is because in common types...


Conferring with Your Client During Depositions

Posted on February 23, 2011
Here's a recommended post about depositions at Drug & Device Law: Depositions - When Can You Talk To Your Own Witness?


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Closing Argument: A Quote from The Just and the Unjust

Posted on February 16, 2011
In The Just and the Unjust, by James Gould Cozzens, a character named Abner Coates watches a young attorney, George, nervously prepare for his first closing argument-- Abner knew how George felt because he remembered feeling the same way himself....


Better Legal Writing: Tips from a Journalist

Posted on February 07, 2011
"Legal writers can learn a lot from journalists about writing," says Raymond Ward at the (new) legal writer. With this in mind, he offers Tim Radford?s "25 commandments for journalists," subtitled ?a manifesto for the simple scribe.? Good reading.


Digression for Current Events: Climate Change and Lawsuits

Posted on January 25, 2011
What's the next big litigation frontier for plaintiffs' lawyers? According to an editorial in today's Investor's Business Daily, it's . . . global warming! According to IBD, "global warming will be the vehicle for the next big litigation lottery," with...


Depositions: Preparing Your Client

Posted on January 13, 2011
From the Nicodemo & Wilson Bulls-Eye Blog, "Why Preparing Clients For Deposition Is Like Making Pancakes"-- [I]n the process of our drill seargant/paranoid recitation of all these "rules," we can inadvertantly turn our clients into robots at their deposition...


Class Actions, 2010, Cont.

Posted on January 04, 2011
From ClassActionBlawg.com, "2010 Class Action Year in Review."


Class Actions, 2010

Posted on December 29, 2010
From Class Action Countermeasures, "The 10 Most Significant Class-Action Decisions of 2010."


The New Illinois Rules of Evidence, Pocket-Sized

Posted on December 27, 2010
The Illinois State Bar Association has published a pocket-sized edition of the new Illinois Rules of Evidence, which take effect January 1. Cost: Either $12.74 or $17.74, depending on your status as a member.


Free Law-Related Articles, Many Excerpted from Books

Posted on December 07, 2010
For free law-related articles from James Publishing, just follow the link and browse the list of articles on the right side, including-- Residential slip-and-falls, with deposition outlines; Auto accident depositions; Model interrogatories; and Employment evidence...


Pharmaceutical Cases: One for Plaintiffs' Lawyers

Posted on November 30, 2010
According to Erik Walker in Trial magazine (11/10), "The defense in a pharmaceutical case will try to bury you in paper to keep your case from going before a jury. You can defeat every claim-killing motion with arguments grounded in...


Facebook and Discovery, an Update

Posted on November 15, 2010
At Drug and Device Law, David Walk reports on a case in which a court "ordered plaintiff to provide his user names and passwords, directed him not to delete or alter existing information and posts, and granted defense counsel read-only...


This Week: Writing Tips at Lifehacker

Posted on November 08, 2010
The always-interesting (but not law-related) website Lifehacker is featuring posts this week about writing-- "We're Writing About Writing This Week at Lifehacker." So stay tuned to Lifehacker. You can't go wrong. Related posts: See this weblog's Legal Writing category for...


Dirty Deposition Tricks--and How to Deal with Them

Posted on October 29, 2010
Recommended reading: "Deposition Tricks: The Dirty Dozen," by Neil J. Dillof. This article, which first appeared in The Maryland Bar Journal, describes twelve nefarious ploys that lawyers often use to gain an unfair advantage at depositions. Examples: Intentionally trying to...


Tip for Plaintiffs Lawyers: When to Line Up Your Experts

Posted on October 20, 2010
From Ron Miller at The Maryland Injury Lawyer Blog: "When to Get Your Experts Lined Up"-- [A]ssuming you have a very serious injury car or truck accident case and you need an expert, get the experts on board early. How...


Tech in the Office: A Lawyer Reports

Posted on October 14, 2010
I like posts reporting on a law firm's use of technology, like this one from Mark Zamora of A Georgia Lawyer: "Tech: My Office Arsenal"-- We have tried - as a smaller law firm (less than 30 employees) to stay...


Spotting Liars: A New Technique

Posted on October 08, 2010
Trial lawyers are in the business of spotting liars, but I'm not sure whether this new approach, as described in Psychology Today, will have any practical applications in depositions or at trial. But here's the link all the same:"If You...


Illinois News: New Rules of Evidence

Posted on September 28, 2010
The Illinois Supreme Court has approved Illinois Rules of Evidence, which will be effective January 1, 2011. Some sources for learning about the Illinois Rules of Evidence-- From the Illinois Supreme Court's website, the new Illinois Rules of Evidence; From...


A Free Chapter from My Deposition Book

Posted on September 17, 2010
My publisher, James Publishing, is offering a free chapter about auto accidents from my book, Deposition Checklists and Strategies. It includes a summary of the substantive law, sample depositions, and practice tips. To get the chapter, follow the link and...


PDF for Lawyers

Posted on September 08, 2010
From Ernest Svenson's PDF for Lawyers: "Practical Acrobat tricks for lawyers." Check it out!


This Year's Supplement to My Deposition Book: A Chapter on Breach of Contract

Posted on August 27, 2010
I've almost finished writing this year's supplement to my deposition book, Deposition Checklists and Strategies (James Publishing). This year I'll be adding a new, ninth chapter on breach of contract. It should be out in a few months. The first...


Civility and Litigation

Posted on August 20, 2010
There's a good article about civility in this month's Illinois Bar Journal: "Uncivil Action," by Helen W. Gunnarsson. Some tips from the lawyers interviewed for the article: It's a waste of time to try to outbully a bully; make a...


Don't Alienate the Judge

Posted on August 11, 2010
When dealing with the judge at trial, try your obsequious best never to show any hint of irritation or disrespect. That's the advice of Martin L. Grayson, who writes in his excellent, readable book The View from the First Chair:...


Preparing Experts for Depositions: Tips

Posted on August 04, 2010
When preparing experts for depositions, consider giving them these tips: When asked about an unfamiliar document, review it thoroughly before answering questions. Don't argue with the questioner--and don't joke either. Don't answer a question unless you're certain you understand it...


Facebook and Discovery

Posted on July 29, 2010
From Law Technology News: "How Facebook Can Make or Break Your Case," by Eric B. Meyer-- The first thing I do after I receive a copy of an employee-filed complaint -- before I read the complaint -- is check the...


Under Consideration: Changes to Illinois Discovery Rules

Posted on July 21, 2010
From Illinois Lawyer Now: "Supreme Court rules committee to hold public hearing on civil discovery proposals"-- The Rules Committee of the Illinois Supreme Court will hear comments at a public hearing on Wednesday, July 28 on three proposals dealing with...


Blog Resources: Class Action

Posted on July 15, 2010
Here are some of the class-action-related blogs I read regularly, from both plaintiff and defense lawyers-- Class Action Defense Blog Consumer Class Actions and Mass Torts Class Action Blog Class Action Defense Strategy Blog David Sugerman CAFA Law Blog ClassActionBlawg...


Update on Free Fastcase App

Posted on July 07, 2010
From Jeff Richardson at iPhone J.D.: "Improved Fastcase for iPad, iPhone"-- I've raved in the past about Fastcase, a must-have app for any lawyer using an iPhone. The app allows you to search and access caselaw and statutes on your...


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