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The Illinois Trial Practice Blog 

Tips and techniques for trial lawyers, whether plaintiff or defense
Post Frequency: 1.8/day Last Entry: March 30, 2011 at 14:54:42 Recent Entries: 272
By Schaeffer & Lamere, P.C
Go to The Illinois Trial Practice Blog, find other Litigation blogs, or browse all law blogs.
Practice Tip: Don't Overdo the Objections to Your Opponent's Discovery
Posted on June 09, 2009When you file objections to your opponent's discovery, don't get carried away. Never object to every interrogatory or production request. It's an obvious tip, but there are lawyers who do object to every interrogatory or production request. These objection-crazy lawyers...
How to Improve Your Legal Writing
Posted on June 02, 2009My small contribution to the area of legal writing includes three articles published in the Illinois Bar Journal, which you can find on my law firm's website-- Improve Your Legal Writing with Five Simple Rules; First Drafts Made Easy; Five...
At the Blogs: Recommendations on Case Management Software, and More
Posted on May 28, 2009Here are some notable recent posts from around the law-related blogosphere-- Case Management Software: "Update on Case Management Software" and "Trial Works Online Takes a Quantum Leap in Case Management," both from the South Carolina Trial Law Blog; Learning to...
Best iPhone Applications for Lawyers
Posted on May 26, 2009From the ABA Journal: "More Lawyers Getting iPhones, But What Are the Best Apps?" by Sarah Randag-- According to this year?s ABA Technology Survey, the availability of the iPhone at law firms is inching upward, which means that more lawyers...
Depositions: Learn from the Old Pros
Posted on May 21, 2009Here's a quick tip. If you want to ramp up your deposition skills, there's nothing like reading depositions taken by lawyers whom you respect. Lawyers in firms of all sizes have access to the firm's case files; look through them...
Cross-Examination: A Refresher
Posted on May 19, 2009At his weblog Plaintiff Trial Lawyer Tips, Paul Luvera has been posting on cross-examination, always of interest to trial lawyers--plaintiff or defense. Luvera has two recent posts: Five Steps of Preparation for Cross-Examination. The five steps are fully explained in...
Deposition Tip: Don't Give the Witness a Chance to "Dis-Remember" an Event
Posted on May 14, 2009Here is a simple tip for framing questions. Once a lawyer has established that a witness was present at an event, many will ask a poor follow-up question along these lines: "Do you remember what happened?" Other versions of the...
Writing for the Court: Control Your Outrage and Scorn
Posted on May 12, 2009Here's a worthwhile post from Maxwell Kennerly's Litigation & Trial weblog: "How To Write Your Brief So That The Judge Will Hate You." Kennerly's post came about like this. First, Kennerly read an article about a judge who wasn't happy...
Keeping Up with Tech for Lawyers: Some Resources
Posted on May 07, 2009If you're a tech junkie like I am, you probably like to keep up on the latest tech news for lawyers. Here are some resources to keep in mind: DennisKennedy.blog iPhone J.D. PDF for Lawyers Digital Workflow Dennis Kennedy's tech...
Plaintiffs' Lawyers: How to Prepare for Your Client's Deposition
Posted on May 05, 2009Your client's deposition can make or break a case. Because of its importance, always plan to do too much preparation, rather than too little. Here is a suggested procedure: A few weeks before the deposition, send your client a letter...
Researching Medical Experts Online
Posted on April 30, 2009At the James Publishing weblog, Dorothy Clay Sims has a book excerpt titled "Checklist for Researching Defense Doctors," which includes a number of tips that will work for researching doctors hired by either side in a case. Sims lists these...
Tips for Locating Missing Witnesses
Posted on April 28, 2009Although you can always hire someone to do your "skip tracing" for you, online resources often make it easy to find missing witnesses yourself. Some tips and ideas: Ask family, friends, and neighbors. If you have an address for your...
Deposition Podcasts: Advanced Techniques
Posted on April 22, 2009For free deposition advice, why not try my three podcasts on advanced deposition techniques? Originally posted Legal Underground, I'm reprising them here (again). Just follow the links-- Advanced Deposition Techniques #1: Five Tips for Asserting Control at Depositions Advanced Deposition...
Defense Lawyers: How to Prepare Witnesses for Depositions
Posted on April 16, 2009Here's a good article by Matt Keenan of Shook, Hardy & Bacon in Kansas City: "Preparing a Witness for a Successful Deposition"-- In my 20-some years of working with company witnesses as part of the discovery process, I?ve learned that...
A Worthwhile Podcast About Intellectual Property
Posted on April 14, 2009Doug Lichtman is a tenured law professor at UCLA who started a podcast six months ago called Intellectual Property Colloquium. Each month, Lichtman posts an hour-long conversation about a patent, copyright, or technology topic. The line-up of guests is fantastic...
A Free Excerpt from My Deposition Book from James Publishing
Posted on April 09, 2009At the James Publishing website, there is an excerpt from the first chapter of my deposition book, Deposition Checklists and Strategies. Some of the material is very basic, but the excerpt also includes these sections, which are more advanced: B....
Impeachment During Cross: What Really Matters
Posted on April 07, 2009Here's a tip from a recent article in Trial magazine: Impeachment is not about convincing a witness to change testimony; it is about showing the jury that a witness has changed his or her story. The author expounds on this...
A "Bounty" of Tech-Related Practice Tips
Posted on March 31, 2009The March, 2009, issue of the ABA's Law Practice Magazine, which is online and free to all, is celebrating "the spirit of ABA TECHSHOW by giving you a bounty of legal technology tips." Some of the articles this month include:...
Depositions: Asserting Control with the "Nonresponsive" Objection
Posted on March 27, 2009When a witness won't answer your question directly, you should keep on track and ask again, like this: Thanks for that, but you didn't answer my question. Did you supervise Mrs. Smith? After a couple rounds of repeating the question,...
16 Books to Make You a Better Trial Lawyer
Posted on March 24, 2009Here's an interesting Amazon reading list I stumbled upon accidently: "16 books to read if you want to become a better trial lawyer." The list was compiled by D. Shane Read, an author himself who also happened to include his...
A Recommended Trial-Ad Book That Won't Steer You Wrong
Posted on March 19, 2009Although the book I am recommending today was written primarily as a law-school text, Trial Advocacy: Planning, Analysis, and Strategy is also an excellent resource for practitioners, especially younger lawyers working on their first trials. Described as a "how-to book...
What Do I Really Think About Twitter?
Posted on March 18, 2009Despite this post a few days ago, I guess I'm a little ambivalent about Twitter. I love it yet I hate it. At Legal Underground, I have a long post about an alternative social network for lawyers, a relatively new...
Examples of Bad Legal Writing from the "Legalese Hall of Shame"
Posted on March 17, 2009Here's an example of some bad legal writing from the "Legalese Hall of Shame," originally spotted in a lawyer's letter-- I am herewith returning the stipulation to dismiss in the above entitled matter; the same being duly executed by me....
Today's Advice for Trial Lawyers (as Seen on Twitter)
Posted on March 12, 2009Lawyer Dave Gallaher, who posts on Twitter as @ddgallaher, was providing some free career advice today in the Twitter-writer's characteristic terse manner-- Advice for young lawyers: smile at the judge, especially when he or she displays his or her comedic...
Jury-Related Blogs and Feeds
Posted on March 10, 2009From the weblog Deliberations ("law, news, and thoughts on juries and jury trials") comes the "2009 Guide To Jury Blogs And Feeds," a long list of weblogs and other sources. There's plenty of good information here for trial lawyers, such...
How to Electronically Annotate Cases You Find Online
Posted on February 25, 2009At the (new) legal writer, Raymond Ward has a useful post called "Owning your downloaded legal authorities," in which he describes his own personal system for reading and annotating case law after downloading it into a word processing program. A...
Scott Turow's Five Essentials of Cross-Examination
Posted on February 24, 2009In his foreword to the book "Your Witness: Lessons on Cross-Examination and Life from Great Chicago Trial Lawyers," Scott Turow gives a quick list of the "essential rules" of cross-examination. Here's the list, quoting Turow-- Never ask a question to...
Telephone Depositions: Yes or No?
Posted on February 19, 2009At a recent conference, I heard a prominent plaintiffs' lawyer say that he always does depositions over the telephone. Reason: telephone depositions are more time-efficient and less costly. That's sound logic, I suppose. His advice even extended to expert depositions,...
Previous | Next
Cramer Hill eminent domain case reversed and remanded to trial court
In a reported case, Cramer Hill Residents Association v.&nbs...
Medical Malpractice: Your Case Is On The Trial Calendar-Can Defense Lawyers Talk to Your Doctor?
Your New York attorney has notified the Court that your case is re...
Zyprexa on Trial in Alaska: Lilly Accused of Putting Profit Before Patients
Anchorage, AK: Spectators in a courtroom in Anchorage are getting ...
Teacher Class Action Case Appears Headed for Trial
Kevin Hickey has been added as co-counsel in a class action lawsui...
Trial Held In Prisoner Suit Seeking Kosher Meals
Last Saturday's St. Louis Post Dispatch ran a long story about pri...
Do parents have the right to NOT turn in a sexual offender?
No. The offender should be turned in regardless of any disability (1), or reason...
What can i do about continued charges on closed account?
IMMEDIATELY call your bank and report the charges as fraudulent. They will be ab...
My fiance's check is DD into a local credit union. Bank seems to have a pattern of "invisibly holding" charges from the debit card until just HOURS before his DD is processed (and this is after hours, of course). Over th
Have your fiance take the information you've collected and go into the bank...
My brother in law and his wife got into a domestic assault case, he is now in jail awaiting a trial. My mother in law has tried several times to see the grandchildren, but the wife will not let any of us see them. Is the
As usual, this is largely dependent on the laws in your specific jurisdiction. W...
I am being accused of hitting a 7 yr old child with my car, but I honestly don't think I hit the child. The Child was never knocked down, ran around my car to go back to ball practice, and was walking around with the par
You are in a serious situation. Get a lawyer immediately. Make no statements to ...

Do parents have the right to NOT turn in a sexual offender?
No. The offender should be turned in regardless of any disability (1), or reason...
What can i do about continued charges on closed account?
IMMEDIATELY call your bank and report the charges as fraudulent. They will be ab...
My fiance's check is DD into a local credit union. Bank seems to have a pattern of "invisibly holding" charges from the debit card until just HOURS before his DD is processed (and this is after hours, of course). Over th
Have your fiance take the information you've collected and go into the bank...
My brother in law and his wife got into a domestic assault case, he is now in jail awaiting a trial. My mother in law has tried several times to see the grandchildren, but the wife will not let any of us see them. Is the
As usual, this is largely dependent on the laws in your specific jurisdiction. W...
I am being accused of hitting a 7 yr old child with my car, but I honestly don't think I hit the child. The Child was never knocked down, ran around my car to go back to ball practice, and was walking around with the par
You are in a serious situation. Get a lawyer immediately. Make no statements to ...








