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Litigation

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

Depositions: Thirteen Tips

Posted on January 14, 2010
My book about depositions is titled "Deposition Checklists and Strategies" (James Publishing). You can read thirteen practice tips from the book here (pdf), including-- Impeachment nuggets; Uncooperative witnesses; Forgetful witnesses; Form objections; and Controlling witnesses.

An iPhone for You

Posted on January 12, 2010
At iPhone J.D., Jeff Richardson answers the question, "Which iPhone should I buy?"

Making Jury Instructions Easy to Understand

Posted on January 07, 2010
Free to download: "Communicating with Juries: How to Draft More Understandable Jury Instructions," by Peter Tiersma of Loyola Law School Los Angeles. According to Raymond Ward at the (new) legal writer, "If you?re a trial judge or trial lawyer, you...

Using Requests for Admission to Simplify Your Case

Posted on January 05, 2010
In preparing your case for trial, don't overlook requests for admissions. Requests for admissions are powerful tool for establishing proof on matters your opponent won't be able to (or doesn't plan to) to deny at trial. In an auto case,...

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Deposing Difficult Doctors: 15 Tips

Posted on December 29, 2009
At the website for the book Deposing and Examining Doctors, by Kim Patrick Hart (James Publishing), you'll find 15 free practice tips from the book. An example-- Points of agreement. No matter how much of an advocate the defense physician...

Five More Legal-Writing Tips

Posted on December 22, 2009
Need five ways to improve your legal writing? See my article "Improve Your Legal Writing with Five Simple Rules," first published in the Illinois Bar Journal.

Write Persuasively

Posted on December 17, 2009
After you've written your first draft, you'll want to make sure it's persuasive. You'll find some tips in my article "Five Steps Towards Persuasive Writing," first published in the Illinois Bar Journal.

Writing First Drafts

Posted on December 15, 2009
Writer's block? You'll find a number of tips for writing first drafts in my article "First Drafts Made Easy," originally published in the Illinois Bar Journal.

Conducting Discovery by Focusing on Witnesses

Posted on December 10, 2009
A tip from "A Snipe-Hunter's Guide to Coaxing Answers from Hostile Witnesses," by Judge Ron Spears-- From the beginning, keep a separate folder on each potential witness and maintain a list of facts that witness may be able to testify...

Illinois Practice: Documents Produced by Your Opponent Must Still Be Authenticated

Posted on December 08, 2009
There are two important lessons for Illinois lawyers in the recent Complete Conference Coordinators, Inc. v. Kumon North America, Inc., 915 N.E.2d 88 (2d Dist. 2009)-- "Evidence that would be inadmissible at trial is not admissible in support of or...

Choose a Citation Style, Then Stick To It

Posted on December 03, 2009
Your choices for a citation style? The Bluebook. The Greenbook. The Maroonbook. Plus others, which you'll find listed in an article at the University of North Texas: "Citing Legal Materials/Legal Style Manuals." What's important isn't so much the one you...

My Other Weblog Is Recognized by the ABA

Posted on December 01, 2009
My other weblog, Beyond the Underground (formerly The Legal Underground), was included in the Third Annual ABA Journal Blawg 100. Here's what Molly McDonough and Sarah Randag had to say-- Beyond the Underground is where we go to keep tabs...

Case Law on Google Scholar

Posted on November 24, 2009
The news that Google Scholar now includes caselaw is getting wide play on legal blogs. Here's Google's post explaining the news: "Finding the law that governs us." Meanwhile, at iPhone J.D., Jeff Richardson provides an iPhone twist-- Lots of blawgs...

Google at the Center of Dispute Between Two Wisconsin Firms

Posted on November 19, 2009
At Wisconsin Personal Injury Lawyers Blog, Frank Pasternak writes about "an interesting lawsuit among Wisconsin personal injury attorneys"-- Habush, Habush & Rottier, an old-guard Wisconsin personal injury law firm, is suing Cannon & Dunphy, another such firm for paying Google...

Beginning the Trial: What to Wear, What to Say

Posted on November 17, 2009
From Ron Miller at Maryland Injury Lawyer Blog, "Rolexes and Introductions"-- My style is conservative in that I wear ?please don?t notice my clothes one way or the other? attire. I would feel uncomfortable with a diamond hoop earring and...

A Plethora of Legal Writing Tips

Posted on November 12, 2009
Here are some tips you can find in the "legal writing" section of this weblog-- Stuck on the first draft? Try starting in the middle; Why your briefs are probably too long, and how to make them shorter; Improve your...

Book Recommendation: The View from the First Chair

Posted on November 10, 2009
In his book "The View from the First Chair: What Every Trial Lawyer Really Needs to Know," Martin L. Grayson defines a trial as follows-- [N]othing less than a six-dimensional merry-go-round-jigsaw-puzzle-demolition-derby all playing out in your mind while you sit...

Getting the Complete Story from Your Client

Posted on November 05, 2009
Here's a tip from Ashley Lipson's Guerilla Discovery. To insure you're getting the full story from your client, try asking a question something like the following: I know that you've told me the truth and I believe you. But we...

Another Trial Tips Weblog

Posted on November 03, 2009
Some recent posts at TrialLawyerTips.com, which is primarily plaintiff-oriented: "Wrap Up Your Voir Dire With These Questions" "Blow Up and Use Your Verdict Form in Closing Argument" "During Closing Argument, Always Remind the Jury That This is Their Only Opportunity...

Motion Practice: Quit When You're Ahead

Posted on October 29, 2009
A good, and very true, reminder from Legal Blog Watch: "Rule 1: When the Judge Agrees With You, Stop Talking." Can you believe that some lawyers violate this rule? Most likely, they're not listening. See below, #3. Related posts: 1....

Improving Your Motions for Summary Judgment

Posted on October 27, 2009
Here are some tips for defense lawyers on summary judgment from Michael Reitzell?s: "Focus on the Material Facts for a Successful Motion for Summary Judgment" (pdf). Link from the (new) legal writer. Related posts: 1. "An Entertaining Discourse on Summary...

Jury Selection: a List of Rules

Posted on October 22, 2009
At Mark Bennett's Defending People, you'll find "Simple Rules for Better Jury Selection." The post is self-explanatory. Add it to your list of jury-selection references.

Views on Trial from a Veteran Trial Lawyer

Posted on October 20, 2009
On his weblog Plaintiff Trial Lawyer Tips, Paul Luvera has published a list of "personal views" about trials, titled "My General Views about Plaintiff Trial Work." Some of the questions that are answered in the post-- How a high-low agreement...

Metadata Update: Views from Around the U.S.

Posted on October 15, 2009
The ABA's Legal Technology Resource Center has published an article titled "Metadata Ethics Opinions Around the U.S." The jurisdictions included are-- Alabama Arizona Colorado Florida Maine Maryland New Hampshire New York Pennsylvania Vermont Washington, D...

Illinois: New Ethics Rules

Posted on October 13, 2009
From the Illinois Bar Journal: "Get Ready for Illinois? New Rules of Professional Conduct," by By Robert A. Creamer-- On July 1, the Illinois Supreme Court announced adoption of a new set of rules of professional conduct for Illinois lawyers...

Deposition Podcasts: Advanced Techniques

Posted on October 08, 2009
For free deposition advice, why not try my three podcasts on advanced deposition techniques? Originally posted Legal Underground, I'm reprising them here (yet again). Just follow the links-- Advanced Deposition Techniques #1: Five Tips for Asserting Control at Depositions Advanced...

A Digression for Law Students: Outlining and Exam-Taking

Posted on October 06, 2009
Even though I graduated from law school way back in 1990, the outline-making and exam-taking experience is something that is, unfortunately, impossible to forget. That's why I wanted to point out a few useful posts: "Outlining 101: On Figuring Out...

iPhone and Smartphone Apps for Lawyers: Update

Posted on October 01, 2009
From the ABA Journal: "70 Sizzling Apps Pump up your PC, PDA and smartphone with these lawyer-friendly favorites"-- Apps: It?s a little word for those mini-programs that can pay off big in productivity, knowledge or just plain fun. And they...

Getting Documents into Evidence at Trial: Basic Procedural Steps

Posted on September 29, 2009
In introducing documents at trial, there are four important hurdles to overcome--that is, four important questions to answer. Is the document authentic? Is the document relevant? Does the document violate the hearsay rule? Does the document violate the best-evidence rule?...

Cross-Examination: Some Representative Posts

Posted on September 24, 2009
Over the years, I've done almost fifty posts on cross-examination. The easiest way to find them is in the weblog's cross-examination category. Some representative posts: "Scott Turow's Five Essentials of Cross-Examination" "Cross-Examining by Body Language and Tone of Voice" "Cross-Examination...

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