Understanding the facts of your case, learning how they fit together, and analyzing the strengths and weaknesses of your narrative are crucial steps when preparing for trial, notes Benjamin Lawson in his August Illinois Bar Journal article, “Trial Lessons From Comedians.” But the more trials Lawson has participated in, the more he finds that the process feels incomplete. Just because a particular narrative best explains the facts doesn’t mean it will resonate well with the jury.
Illinois Bar Journal
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In his August Illinois Bar Journal article, “The Insurer-Insured Privilege,” Scott O. Reed observes that Illinois is one of the few U.S. jurisdictions to recognize what is known as the “insurer-insured privilege,” which protects from discovery statements made by an insured to its insurer, even though no attorney is involved in those communications. This description of the doctrine is straight-forward, but Reed notes Illinois cases have recognized several limitations, exceptions, and qualifications to this privilege.
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Each August, the Illinois Bar Journal features summaries of legislation passed by the Illinois General Assembly during the most recent spring session and that may be of interest to ISBA members. Compiled by the Illinois State Bar Association’s legislative affairs department, the IBJ’s annual Legislative Roundup includes new and amended statutes concerning such areas of law as family, real estate, trusts and estates, criminal, civil litigation, and more.
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The cover story for the August Illinois Bar Journal brainstorms and examines ways attorneys can use artificial intelligence tools to market their practice, and do so ethically. Relying on the experience of Drew Vaughn, a former practicing attorney who now runs Chicago-based, lawyer-oriented Deviant Marketing, the article breaks down advice he delivered on this topic in a June Illinois State Bar Association CLE webcast.
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Millions of professional and amateur athletes are injured in the U.S. every year, with Illinois having more than its fair share of serious examples. Most people would agree that while players assume the typical risks of rough contact, a line has been crossed when an opponent carves the skin off the face of a downed opponent with a player’s football cleats, demolishes a quarterback’s arm after a play is over, pummels an opposing NBA player within inches of his life, and paralyzes a high school hockey opponent.
1 comment (Most recent August 7, 2023) -
Most prosecutors consider the facts and circumstances of a witness’s past criminal conduct and how it could impact the reliability of their testimony. However, as Charles Golaszewski points out in his July Illinois Bar Journal article, “Your Witness, Their Client?,” prosecutors frequently overlook one aspect of the witness’s interactions with the criminal justice system: Who was, or is, the witness’s defense attorney?
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The Illinois State Bar Association invites Young Lawyers Division (YLD) attorney members to establish yourselves as experts in your practice area and compete for your share of $5,000 in prize money by entering the Annual Lincoln Award Legal Writing Contest.
Submissions should be useful, practical articles on topics important to practicing lawyers. Submissions will be considered for publication in the Illinois Bar Journal.
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As Shawn S. Kasserman begins his ISBA presidency for the 2023-24 bar year, he’s on a mission for a more inclusive ISBA. “It’s not good enough that we have Black, Asian, and Latino members. If they’re in a silo, and I’m in a different silo, that’s not good enough,” he says.
1 comment (Most recent July 6, 2023) -
Until recently, former trial judge and Illinois Appellate Court Justice Gino DiVito had served on the Illinois Supreme Court Committee on Illinois Evidence since its inception. In his June Illinois Bar Journal article, “In Defense of Rejected Proposals,” the former justice documents rejected proposals from 2013, the source of certain evidence rules, and why some rules have been reserved or are otherwise absent.
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Corporal—or physical—punishment or discipline of a minor remains legal in Illinois—at least when it comes to the infliction of corporal punishment by a parent or guardian, writes Katharine Pancewicz in her June Illinois Bar Journal article, “A Balancing Act.” Pancewicz focuses on corporal punishment inflicted by parents or guardians and briefly touches upon corporal punishment by professionals such as teachers.