February 20, 2009
Illinois lawyers can now issue subpoenas on their own. Sweet!
On a semi-related note, has anyone noticed the wide variety with which people pronounce the words “subponea duces tecum?”
- Subpoena (sometimes sup-peeny for the southern lawyers)
- Duces (dooses, deuces, duchess, dookes, etc)
- Tecum (tay-kum, teachem, teesum, teekum)
It’d be nice if at least all lawyers agreed to pronounce this the same way, so if we bastardize the Latin, we do it uniformly.
(Howard Zimmerle is an attorney in the Quad City area, and is looking forward to having subpoena power).
February 18, 2009
(Image courtesy of stockxpert.com)
Next time you pick a jury, see if this study concluding that leaders emerge by talking early and often is correct. Is the person who spoke first and the most in voir dire the foreman? More accurately, if you talk to jurors afterwards, ask how they picked the foreman. Did he/she lead the group in discussion?
Note that the study also seems to show that idiots who talk a lot are still perceived as idiots. Being a jabberjaw isn’t enough to make somone a leader – they have to at least sound somewhat convincing.
Why does this matter to trial lawyers? Duh! If a potential juror is going to lead the rest of the jury and be seen as persuasive, you’d better hope he/she is on your side. If you have to choose one of two jurors you think might be against you, choose the one least likely to become a leader in the jury room.
(Howard Zimmerle is a trial lawyer in the Quad Cities).
February 17, 2009
STOP!!!! Before you order medical records, hire experts, draft a demand letter, etc!!
Find out the limits of the defendant’s auto insurance policy first. Why spend a bunch of money if the medical bills are at or above the policy limits? Find out what you’re dealing with first – here’s how:
215 ILCS 5/143.24b provides that an automobile liability carrier must disclose the dollar amount of liability coverage upon receipt of a certified letter from a claimant’s attorney with a brief description of the nature and extent of the injuries, a statement of the amount of medical bills claimed, and copies of the medical records.
In practice, insurance companies often disclose these limits without having to do all of this, but it is important to know that this section exists.
I’ll save the rant about how $20,000 insurance minimums are ridiculously low for another post.
(Howard Zimmerle is a car accident attorney in Moline and Rock Island, Illinois).
February 2, 2009
It’s been a while since I’ve posted, but I’m trying to get back into it. Here’s a potential pothole for attorneys who handle cases worth between $10,000 and $50,000, but don’t do a lot of litigation: Rule 222.
Rule 222 provides for limited and simplified discovery in these cases. The big sticker here is that the plaintiff’s attorney has to disclose certain information to the defendant within 120 days, even if no discovery has been exchanged.
If they don’t do it? That evidence doesn’t come in… or worse. You don’t want that.
I’ve arbitrated some cases recently where lawyers have forgotten to supplement their 222 disclosures before arbitration. Bad idea. The evidence won’t come in.
Seasoned litigators and trial lawyers are familiar with this… but for attorneys who typically handle other types of cases, this is where malpractice can happen. (I’m seeing one of those (Nike??) ads in my head right now… Rule 222 – where malpractice happens).
Howard Zimmerle is a medical malpractice lawyer in Rock Island, Illinois.
February 2, 2009
Just a quick update. Our firm, Michael J. Warner and Associates has moved. Our new address is 423 17th Street, Suite 201, Rock Island, IL 61201. We’re just across the street from our old offices, but hopefully this space will be better for everyone. Same great attorneys, same great service, new great offices.
October 23, 2008
Just a quick story from a recent trial.
Here in Illinois, and probably everywhere Cubs fans reside, people thought this was the year the Cubs would go back to the World Series. That didn’t happen. Not too long after the Cubs were eliminated from the playoffs, I had a two day jury trial.
There were four attorneys, so I went second in voir dire. One of the last questions by the first attorney was something like “how many of you have suffered a tragic emotional experience?” It was my turn, and seeing a guy in a Cubs jacket in the front row, I said “Mr. X just asked about traumatic emotional experiences, and I saw you in the Cubs jacket. Mr. Y, are you going to be OK to sit through trial this week?”
Everyone laughed… except Cubs guy. He didn’t find any humor at all. But hey… that’s why we get strikes.
August 15, 2008
Sorry folks, I’ve been busy with actual work – no time for blogging. I do think I’ll have some new posts up today or early next week, so keep your eyes peeled.
May 21, 2008
I was talking to a judicial magistrate in Iowa today (magistrates are part-time judges who hear routine traffic/criminal matters, small claims cases, etc) and he told me something interesting.
Attorneys who represent themselves on traffic tickets and such tend to be very arrogant at trial and act like they’re better than the witnesses, the police officer, and the system itself. They also rarely keep things simple.
Maybe this says something about the type of attorneys who choose to try and get out of traffic tickets, or maybe it says something bigger about attorneys in general.
I think the big advice to take from this is to do as you always should and A) be respectful and nice, and B) keep things simple.
May 21, 2008
This is a little off topic, but it’s my blog. You can’t stop me.
The Smoking Gun has uncovered the latest backstage rider for the band Foo Fighters, and it’s really funny. Honest. Some of the highlights:
- Under suggestions for type of meat backstage, “Bacon. It’s God’s currency.”
- Under fresh foods for the hospitality room, “whole, firm, borderline chubby avacados.”
- “SOLO RED OR BLUE PLASTIC DRINKING CUPS ETC. IF SOLO CUPS ARE NOT AVAILABLE PLEASE FIND A STORE THAT SELLS 16 OZ PLASTIC DRINKING CUPS AND THEN OFFER THE SHOPKEEPER SOME CURRENCY IN EXCHANGE FOR SAID CUPS. ONCE AGAIN, you have from the TIME of our booking to find this stuff. No snippy ass, tiny tim, two drops of dew in a cup sized cup, please.
Naturally, I wouldn’t recommend this sort of drafting for your billion dollar type corporate merger, but it’s a little reminder that a contract doesn’t have to be the stodgy “party of the first part” type crud.
(Howard Zimmerle is a personal injury and workers comp attorney in the Quad City area, and rarely drafts contracts… therefore he will probably never take his own advice).
May 9, 2008
I’ve seen many articles in my time about how to pick a law school, but this one is the best.
From the article:
3. Determine if students play intramural sports. Drinking games count. Some law schools have such an intense vibe that no one will take the time to play in any leagues. Or, worse, the team gets signed up for but everyone becomes too busy to actually play. This is a glaring sign that you’ve chosen the wrong school.
4. Go sit in the law school library for a half-hour. Pretend to read a newspaper and check to see how often the students smile or laugh when interacting with each other. If no one ever smiles or laughs it’s a horrible sign.
Seriously, although this is a funny piece in all (especially the midget lover part) it’s full of actual, good advice that you won’t read anywhere else.
Tip of the hat to Above the Law.
