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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.
Metadata Update
Posted on February 26, 2008A number of jurisdictions have issued guidance on the ethics of looking at metadata. These include New York, Florida, Alabama, Arizona, the District of Columbia, Maryland, and Pennsylvania. For a summary of the current thinking about metadata, see "Where Do...
Carolyn Elefant's Solo by Choice
Posted on February 22, 2008In her new book, Solo by Choice: How to Be the Lawyer You Always Wanted to Be, Carolyn Elefant of the MyShingle weblog writes that technological advances have made it easier and cheaper to open a law office than ever...
Persuasive Writing for Lawyers
Posted on February 19, 2008As I wrote in a post last week, Mentor CLE offers free online video CLE courses on a number of topics, some tailored specifically to Illinois lawyers, some not. One of these free online video presentations is "Persuasive Writing for...
New Free Resource for Lawyers
Posted on February 14, 2008Mentor CLE offers free online video CLE courses on a number of topics, some tailored specifically to Illinois lawyers, some not. Examples: Building Your Law Practice Suing Securities Professionals Zoning and the First Amendment Landlord and Tenant Law Small Law...
Powerpoint Examples from a Trial Tech
Posted on February 12, 2008You can find some interesting examples of litigation-related Powerpoint presentations in the "PowerPoint Examples" category of Blake Boyd's The Trial Technologist's View. And you'll find more useful tips in the other categories of the weblog. Related posts: 1...
Streamline Your Plaintiffs Practice
Posted on February 07, 2008I liked this post from Dave Swanner at the South Carolina Trial Law Blog: "My Goals for the Firm for 2008." Swanner's post has some good ideas for streamlining a plaintiffs practice. If you happen to be of the plaintiffs-practice...
Electronic Discovery: Reading Up on the Federal Rules
Posted on February 05, 2008Here are some quick links about electronic discovery and the federal rules, collected from a couple of Google searches while I tried to answer a somewhat-unrelated question-- For those who want to refresh their recollection of the '06 amendments to...
Depositions: The "Show Him the Document" Objection
Posted on January 31, 2008The show-him-the-document objection goes something like this: Objection! You're asking the witness a question about a document you're holding in your hand. If you're going to ask questions about it, show it to the witness. Is it a valid objection?...
Legal Writing: Three Tips from Three Sources
Posted on January 29, 2008Today's post contains three quick tips for legal writers. By following the links, you'll also find lots of additional advice: When addressing a court, don't adopt the technical business jargon of the parties without explaining it. (Tip from an opinion...
Tip for New Lawyers: Learn by Example
Posted on January 24, 2008As I've written before, one of the best ways to learn deposition techniques is to pay attention to lawyers who are more experienced that you -- most particularly, your opponents. After all, it's one thing to read how to do...
Those Preliminary Deposition Questions: Don't Make a Speech
Posted on January 22, 2008Because they?re impatient to get it out of the way, some lawyers turn the standard preliminary deposition questions into a speech: Hi, I?m Bill Smith. I represent the plaintiff and I?m here to ask you some questions today. As you...
The Paperless Law Office: How-To
Posted on January 17, 2008How are you going to do way with paper at your office, assuming you want to? In his post "Taking a Firm Completely Electronic," Dennis Kennedy tells you how to do it in three simple steps-- Get Adobe Acrobat 8...
Expert Depositions: Pay Attention to the Dates on the Expert's CV
Posted on January 15, 2008When an expert's CV attempts to summarize a long career, you can often get some good fodder for cross-examination by paying attention to the dates. Did the expert's real-life work experience with the subject of his testimony end years before?...
Depositions: Questions to Ask about Documents
Posted on January 10, 2008Here's a checklist of some questions you can ask about documents at depositions, while ignoring the objection from the other side that the document "speaks for itself." It doesn't, and the objection can be ignored-- Who wrote the document; Who...
E-Discovery Myths: How Many Typed Pages Per Gigabyte?
Posted on January 08, 2008If you spend any time doing electronic discovery, chances are you'll soon be arguing about "page equivalency" -- that is, how many pages of data can one assume is in a gigabyte of electronic storage. The matter comes up frequently...
Med Mal: What Determines the Size of Settlements?
Posted on January 03, 2008In its latest newsletter, the Cambridge Economics Group is featuring an article by its Chief Economist, David M. Frankel, titled, "What Determines Malpractice Payments?" (pdf). This free article is the first part of a series and examines how certain patient-related...
How to Be More Productive as a Lawyer
Posted on December 27, 2007From the American Bar Association: "Law Hacks: 101 tips, tricks and tools to make you a more productive, less stressed-out lawyer." Some examples: 21 Do the thing you dread the most first thing each day. 22 Break big tasks up...
A Christmas Gift for Litigators
Posted on December 20, 2007You'll excuse me if I plug my book every now and then. So here's the plug, disguised as a Christmas-gift idea for litigators: That's Deposition Checklists & Strategies, by T. Evan Schaeffer. To learn more, see the James Publishing website...
A Tip for Associates Who Want to Get Ahead: Volunteer for Difficult Assignments
Posted on December 18, 2007Associates who want to get ahead should be ready to volunteer for difficult assignments. It's the only way around the catch-22 that prevents lawyers from moving up: to get experience, you need good assignments, but you can't get good assignments...
Depositions: Critical Questions for a Defendant Doctor
Posted on December 13, 2007In a past post, I wrote about questions you should ask in every deposition. Here are a few more key questions when the deponent is a defendant doctor in a medical malpractice case: Whether the doctor has ever had a...
Illinois Oral Arguments to be Posted on Web
Posted on December 11, 2007From the Springfield Journal-Register: "Supreme Court Web site to feature audio, video of arguments," by Adriana Colindres-- Beginning next month, the Illinois Supreme Court will add a new feature to its Internet site: audio and video recordings of oral arguments...
Depositions: How to Stop Coaching
Posted on December 06, 2007Though there are rules in most jurisdictions requiring objections to be concise, this doesn?t mean some lawyers won?t still try to make long-winded, rambling objections that suggest the answer to the deponent. How do you prevent opposing counsel from coaching...
What Defense Lawyers Can Learn from the Lawyers on the Other Side
Posted on December 04, 2007In "Think Like a Plaintiffs Attorney to Lower Litigation Costs," Stewart Weltman argues that defense lawyers can learn from the lawyers working on the other side of the "v." How do plaintiffs' lawyers think? Weltman, who's a plaintiffs' lawyer himself,...
Deposition Tip: Ask About Your Request for Production of Documents
Posted on November 29, 2007When the witness might have participated in a search for documents about a case, it makes sense during the deposition to ask the witness questions about your request for production of documents. This suggestion works for two types of witnesses:...
Recommended Weblog: the (new) legal writer
Posted on November 27, 2007At the (new) legal writer, longtime legal weblogger Raymond Ward always has something interesting to say. An appellate lawyer in New Orleans, Ward describes his weblog as "A collection of resources for lawyers and other writers." Some representative posts: "150...
Sample Interrogatories: Truck-Accident Cases
Posted on November 20, 2007From the Trial Lawyer Resource Center: "Trucking Interrogatories." It's a pretty comprehensive set of interrogatories for the first round of written discovery in a plaintiff's case.
Depositions: How Objections Are Resolved for Trial
Posted on November 15, 2007For lawyers new to depositions, it?s common to wonder what happens to the objections that are made during the proceeding. They are reserved for ruling at a later time, but exactly when and how? Objections made during depositions are typically...
Are You Using Too Much Courtroom Tech?
Posted on November 13, 2007Is it possible to use too much courtroom tech? Undoubtedly, yes. When your trial technology is slowing down the trial or confusing the jury, you're trying to do too much. Here are some tips to keep in mind: The primary...
Appellate Court: Never Read Your Argument
Posted on November 08, 2007It's a common tip for making oral arguments in appellate courts: never read your argument. Not only is it boring for the judges, but you won't be able to respond easily to questions, because it will be harder for you...
Deposition Tip: Visit the Scene
Posted on November 06, 2007When a deposition involves an event that occurred at a specific scene, try to visit the scene as part of the your deposition preparation. Examples: the intersection where a car accident occurred; the parking lot where a plaintiff slipped on...
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 ...








