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Main | February 2004 »

January 31, 2004

Persuasive Opening Statements

For some pointers on opening statement, see "Persuasion at Trial: Opening Statements," by Jeffrey T. Frederick. The article explores ways of organizing your opening statement for maximum persuasiveness, and explains each of a number of tips, such as:

--Start with your theme;

--Be clear and organized;

--Pay attention to the language used;

--Do not overstate your case;

--Start and end strong;

--Use physical evidence; and,

--Do not hide behind the podium.

January 31, 2004 in Opening Statement | | Comments (0) | TrackBack (0)

January 30, 2004

Trial Transcripts Online

For all but the most experienced trial lawyers, there is much to be learned by watching real trials. Next time you're at the courthouse on some routine matter, try dropping in on a trial in progress. Pay attention to the lawyers. What would you think of them if you were on the jury?

It also pays to read trial transcripts from time to time. At most firms, there's a transcript or two available to look at, since trial transcripts are often necessary for prosecuting appeals. Pay attention to how the lawyers handle exhibits and get them admitted into evidence.

For trial transcripts online, check out Famous Trials by Doug Linder. Though most are criminal cases, as opposed to civil, it's fun reading some of the testimony in cases like the O.J. Simpson trial--for example, F. Lee Bailey's cross of Mark Fuhrman.

January 30, 2004 in Trial Style | | Comments (2) | TrackBack (0)

January 29, 2004

Gerry Spence on Common Speech

What's the best way to address a jury? Here's a quote attributed to Gerry Spence:

Trials are all storytelling, nothing more . . . The problem is that we, as lawyers, have forgotten how to speak to ordinary folks . . . Lawyers long ago abandoned ordinary English.

An important point to remember, for plaintiff or defense. If you'd like to read more about Gerry Spence, follow the link to his website.

January 29, 2004 in Trial Style | | Comments (0) | TrackBack (0)

January 28, 2004

Third District on Collateral Source Rule

In Arthur v. Catour, No. 3-02-0810 (3d Dist. 2004), the Third District considered this issue: "whether an injured plaintiff may recover as damages the entire amount billed for medical services, or if she is limited to the discounted amount paid by her insurance carrier."

The issue was important enough that an amicus brief was filed by the Illinois Association of Defense Trial Counsel, which argued the plaintiff would receive a windfall if she were allowed to recover more than was actually paid by her insurance carrier. The Third District disagreed (Justice Holdridge dissenting), applying the collateral source rule, which states benefits received from a collateral source do not diminish a plaintiff's damages.

The result: The plaintiff was allowed to recover damages for the amount her health care provider billed, not the lesser amount her insurer paid as a result of its separate negotiations with the medical provider.

January 28, 2004 in Damages | | Comments (0) | TrackBack (0)

January 27, 2004

More on Appeal Bonds

Appeal bonds, and whether to change the procedures for obtaining them, were the topics at a hearing in Chicago yesterday. The full article is in the St. Louis Post-Dispatch, "Appeal bonds are focus of hearing," by Kevin McDermott.

January 27, 2004 in Appeal | | Comments (0) | TrackBack (0)

January 26, 2004

Consortium Damages, Parents of Living Child

The Illinois Supreme Court has ruled that consortium damages are not recoverable for parents of a living child. Vitro v. Mihelcic, No. 94231 (January 23, 2004) (Justices Fitzgerald, Rarick and Kilbride dissenting).

Thanks to ISBA case digest for the cite.

January 26, 2004 in Damages | | Comments (0) | TrackBack (0)

January 25, 2004

Illinois Supreme Court Rules Changes

This is news from last month, but important anyway. On December 5, 2003, the Illinois Supreme Court entered an order making the following rule changes--

Amended as of 12/5/03: Rules 63(a)(7), 315(b), 526(f), and 711;

Commentary Revised as of 12/5/03: Rule 721;

Amended as of 1/1/04: Rules 90, 305, 306, 529, and 556;

New Rules as of 1/1/04: Rule 306A.

To view these rules changes in their entirety, follow this link to the official site of the Illinois Courts.

January 25, 2004 in Miscellaneous | | Comments (0) | TrackBack (0)

January 24, 2004

More on Cross-Examination

Among topics relating to trial practice, cross-examination is certainly one of the most popular, perhaps because it engenders so much angst and uncertainty when first attempted by novice trial lawyers. For novice and experienced lawyers alike, Texas lawyer Howard Nations has a very comprehensive and useful overview of cross-examination on his website, aptly titled "Cross-Examination."

Please take a look at the article, in which Mr. Nations considers such topics as "the goals of cross-examination," "maintaining control," and "style of examination." There are also special sections on "learned treatises as cross-examination tools," and "cross-examining the defendant's medical expert."

Good stuff!

January 24, 2004 in Cross-Examination | | Comments (0) | TrackBack (0)

January 23, 2004

Electronic Filing in the Southern District of Illinois

At the U.S. District Court for the Southern District of Illinois, electronic filing is now mandatory (having been merely optional since the program began). According to an article in today's St. Louis Post-Dispatch, many lawyers who practice in the court haven't yet gotten the message:

About 8,000 attorneys are licensed to practice in Southern Illinois' federal courthouses, but so far just 500 have signed up for a password to the new system, reports U.S. District Judge Michael J. Reagan.

"This is despite an aggressive notification campaign," the judge said.

Lawyers unaware that the court will no longer accept a document mailed or handed over a counter in person may be in for a surprise, he said.

"Federal Court in East St. Louis Scraps Paper Filing System," by Michael Shaw.

Just moments ago, I talked to an assistant clerk on the phone, who said that it takes up to two days to register for online filing. "Don't wait until the day your brief is due," she said.

January 23, 2004 in Motion Practice | | Comments (1) | TrackBack (0)

January 22, 2004

New Book for Legal Writers

Writing for the Legal Audience, by Wayne Schiess (Carolina Academic Press 2003), is a readable book with advice for lawyers writing for the following audiences, among others: the client, opposing counsel, the trial judge, and the appellate judge.

The publisher has provided an online file of the book's table of contents (pdf version). Amazon's information about the book is here. My post was suggested by a review of the book by Susan Wawrose in Trial magazine. (Sorry, no link available.)

January 22, 2004 in Legal Writing | | Comments (0) | TrackBack (0)

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