Section Newsletters

Articles on Litigation

Recent litigation of interest Real Estate Law, April 2019 Recent litigation of interest to real estate practitioners.
Keep litigious proclivities out of real estate transactions By Colleen L. Sahlas Real Estate Law, July 2017 A litigator’s strategies may be effective in litigation, but in a residential real estate deal they can backfire, be destructive, and even jeopardize your client’s contractual rights.
A primer on trial preparation By Jennifer Friedland & Lauryn E. Parks General Practice, Solo, and Small Firm, March 2017 The following timeline and tips are designed to help you organize your time and streamline your efforts so that you are prepared on the day of trial.
A stay of proceedings in the trial court: Why delay disserves those we represent By Patrick M. Kinnally Bench and Bar, October 2014 Two recent decisions, Cholipski v. Bovis and Davies v. Pasamba, make plain why any judge’s decision to stay a proceeding should be undertaken cautiously.
A stay of proceedings in the trial court: Why delay disserves those we represent By Patrick M. Kinnally Civil Practice and Procedure, September 2014 Two recent decisions, Cholipski v. Bovis and Davies v. Pasamba, make plain why any judge’s decision to stay a proceeding should be undertaken cautiously.
Pro se, alias, service of process, return of service—What language is this? By Jenea Wilson, Jessy Richert, & Hon. E. Kenneth Wright, Jr. Bench and Bar, September 2013 A guide for average people (and maybe lawyers and judges) to help navigate through the tempestuous waters of filing or defending a small case in court.
Trial practice in municipal code enforcement matters By Patti Gregory-Chang Administrative Law, October 2011 The second and final part in this series addressing how improper actions by municipalities through their employees can lead to liability. This article reviews some tips relative to handling of high volume ordinance or statutory violation matters.
Trial practice in municipal code enforcement matters By Patti Gregory-Chang Administrative Law, August 2011 Improper actions by municipalities through their employees can lead to liability. This article takes a look at what conduct is unconstitutional at all phases.
Winning chances? Client relations, math, and ethics By Daniel Kegan Intellectual Property, June 2011 Clients and others often ask attorneys for the chances of winning a dispute. Attorneys often answer, but they should not. Mathematically the wrong question is asked; numerical answers likely violate legal ethics by incompetently providing incorrect and often deceptive information. A better response provides both valid case evaluation and client emotional support without fabricating false certainty.
Letter to young lawyers—Basic tips and presentation of evidence By Hon. E. Kenneth Wright, Jr. Young Lawyers Division, August 2010 Judge E. Kenneth Wright, Jr. offers some words of wisdom to help new attorneys in their practice.
Litigating like a professional in federal court By Howard W. Anderson, III Young Lawyers Division, June 2010 The Standards for Professional Conduct Within the Seventh Federal Judicial Circuit are completely different from the Illinois Supreme Court’s Rules of Professional Conduct. Make sure you learn them and apply them to your practice.
Practical jury trial tips to improve your litigation practice By Hon. E. Kenneth Wright, Jr. Bench and Bar, February 2010 Jury trials come in all shapes and sizes. Since the players, facts and awards differ, attorneys must approach each case anew. Never assume you can “wing it” because you have over 20 years of experience in the courtroom, or a partner told you not to worry about it. Too many cases are won or lost because of an attorney’s lack of preparation, or worse, lack of knowledge about the law.
Electronic discovery in antitrust litigation By Jason Fliegel September 2008 As the scope, volume, and use of electronically stored information in day-to-day life has increased, so too has electronic discovery become an increasingly prevalent and expensive part of litigation.
Who should speak on civility in civil litigation? By Kimball R. Anderson Civil Practice and Procedure, June 2008 In September 2005, the Supreme Court of Illinois announced two new programs aimed at promoting lawyer civility.
Better visuals via brainstorming By Greg Krehel Legal Technology, Standing Committee on, May 2006 Two things we all recognize about demonstrative evidence: it’s potent and it’s expensive.
New reality, New responsibility: Technology & demonstrative evidence in the courtroom By Albert E. Durkin Tort Law, December 2005 Because technology is now everywhere—we as lawyers have the responsibility to make sure that “everywhere” includes courtrooms.
Casenotes by members of the Northern Illinois University Law Review By D.J. Evans Civil Practice and Procedure, February 2005 You may know the feeling; if you do, you don't like it. You may have given advice which at the time seemed reasonable, but later proves problematic.
Opening statement By John M. Stalmack Civil Practice and Procedure, October 2004 Illinois Supreme Court Rule 235 governs the opening statement.1 As soon as the jury is impaneled, the attorney for the plaintiff may make an opening statement.
Tips for giving a better opening statement By Gerald L. Montroy Young Lawyers Division, December 2002 It is difficult to overestimate the importance of the opening statement. The jury develops its first impression at this time.

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