The Rockford Litigation Lawyer : Rockford Business Litigation Lawyer & Attorney : Tim Whitham : Schlueter Ecklund Law Firm : Illinois Corporate Law & Tort Commentary

It is an interesting question. It also one that was addressed over ten years ago in the book Guilty: The Collapse of Criminal Justice by Harold Rothwax. Then I came across the blog out of Tennessee that stated Why the Criminal Justice System is Broke in Tennessee by Rob McKinney. Both bring up excellent points of how politicians are constantly trying to "fix" the system. But is the system really in need of repair? At least to the extent the politicians think?

In my own locale politics has even entered our judicial system. Not one who likes to state his political views to loudly, I am concerned though about the race for one of our judges seats. In the race is a politician who, in the over ten years I have been in this area, I have not seen in a court room. I didn't even know he was an attorney. I knew he was a State Representative, but not a practicing attorney. Now at age 65, he claims to have all this wealth of knowledge able to make him a judge. Sometimes you just have to wonder. Like Tennessee, our ads have been the same, ready to fix a system I didn't even know was broken (again).

Sometimes, I think the repairs are from the damage we cause ourselves and not from a "broken" system.

Another example in our local community is the recent disclosure of a survey taken inside our police department over 4 years ago. The city fought, in court, to keep it confidential (and lost). Now, this week it is out and there are no big surprises. We, the community, knew there were problems inside the department, but the city wanted to keep it quiet. Why? Even our local paper's blog wondered that.

Society views some of this with true scepticism. And so they should. Politicians win on campaigns that state a problem, whether it exists or not, and the solution they can bring to it, whether true or not. My only request is the same as Rob McKinney, we should not be your politicial football that can be tossed back and forth as you please.

• Email This
• Print
• Comments
• Trackbacks

I apologize for those who may follow my blog. I have been a little preoccupied after the beginning of this new year. Subsequently, I have neglected my followers. I came across Amy Campbell's blog post this evening and she gave me a good excuse to remedy my situation.

The solution: I want to put good content forward and not just advertisements for me or my practice. Thus, I was awaiting the proper moment (and need) to write something.

Well, I must admit, I just needed to sit down and say this needs to get done. As a judge would tell any good litigator, the excuse is good, but you still need to complete what the order requires. Or I don't care what your excuse is, get it done!

So thank you and enjoy!

• Email This
• Print
• Comments
• Trackbacks

Another Appellate Court decision regarding the questioning of jurors under IL Supreme Court Rule 431 has recently been decided. This case, People v. Magallenes, has now stated that a violation of Rule 431 is not  per se grounds for an automatic reversal.

In this case it appears the court did ask the fourth part of Rule 431, but did not do so for each individual juror. The court held that there was no prejudice to the defendant.

Again, I am awaiting an IL Supreme Court case on this Rule.

• Email This
• Print
• Comments
• Trackbacks

During this time of year, I don't know about you, but I enjoy a white, snowy Christmas in my part of the country. I enjoy getting together with family, buying presents for my kids, seeing a child's face on Christmas morning when they see the presents under the tree and the overall optimistic atmosphere of the season. Yes, I said "optimistic."

Watch the myriad of "Christmas" or "Holiday" programs that come across your television this season. The stories are varied, classic and just plain fun to watch. (I can't help but watch a Charlie Brown Christmas over and over again). What is common to each story at this time of year is the ending. Each ends with everyone "happy," the situation resolved, or just plain a tear jerk er that leaves you satisfied there is some good in all of us.

Now, what does all of this have to do with Litigation? Well, think about the stories we try to tell to the juries. What story do we try to relate? What is our goal? First, we try to paint a picture or tell the story that shows how our client is really the party who should win this case. Then we try to persuade that the evidence supports our client. Then we finish by telling the story based on the "facts" of the case. This model is for both the prosecution and the defense of a case.

So, at this time of the year, I ask the real question every juror is asking of you (the attorney or client) - what is the true story? I am not going to go into a recitation of Linus from the Peanuts (even though I do agree with the story). But, I think if you look at all the "holiday" specials, you see one theme that yours and my jurors like - good wins, people are overall good, that we all want the best for our lives not just this time of the year, but all year.

So now, our goal is to present the facts of our case to jurors so they will decide the "good" that is to come by their verdict. Not an easy task no matter what time of the year it is. The real question the juror is facing from all the perspectives of the witnesses is "what is the real story?"

Enjoy your Holidays! Have a Merry Christmas and Happy New Year!

• Email This
• Print
• Comments
• Trackbacks

Well, they are not Santa, but the Vermont Supreme Court will decide this question and hopefully give us a great answer we can bring to our courts throughout the country. The Associated press ran this article this morning. After several weeks of being busy before the holiday and now looking for something to write about, this article caught my eye.

I know I may not get the votes from all you pet enthusiasts, but it is just a dog. I know, they are companions, they are family members (cough, cough), but now we are going to sue for emotional distress and loss of companionship?

Less you think I hate all animals, I don't. I am a dog owner. Actually two of them. One of them we rescued from a no kill shelter. But, if my dog wandered off onto another persons property and was killed - I don't know if I could seek additional payment based on how I felt about my dog. The article does bring up a good argument of where do we draw the line? Horses? Cats?

I understand being justly compensated. But, I have a hard time with the premise of this case. Call me cold hearted or at this time of the year a Scrooge or Grinch, but really - it's a dog!

Well we will have to wait and see what the Vermont Supreme Court thinks!

• Email This
• Print
• Comments
• Trackbacks

Happy Thanksgiving!

This is the day we ask ourselves "what are we thankful for?" I know the economy is not at the level of productivity we like and for many of us this has been a year of struggling through many personal and professional challenges.

I am thankful for our legal system during years like this. It gives individuals and companies the assistance to overcome some the obstacles our economy has presented them.

Our system helps people obtain help with their finances (bankruptcy); protects the rights of individuals and victims (criminal system); protects property rights (civil law, landlord/tenant, foreclosure); and has a role in families (juvenile, family, adoption).

Our system is not perfect. I can't say that I know all about other countries and their legal systems, but I am thankful that our system. I am thankful for the system that gives everyone a voice. The outcomes may not make everyone happy, but it does give everyone a chance to be heard.

So, what are you thankful for today? No matter what it is, have a great day just giving thanks!

• Email This
• Print
• Comments
• Trackbacks

Law on Display: The Digital Transformation of Persuasion and Judgment - This book title just came across my feeds. It sounds interesting as I see more and more technology entering the courtrooms in our area. I will let  you know once I get a copy and read through it.

Check out the Law.com to get their take on it.

• Email This
• Print
• Comments
• Trackbacks

An Arizona Supreme Court Case now rules Metadata is discoverable for public records. In Lake v. City of Phoenix the Arizona Supreme Court ruled that metadata is discoverable if the document in digital form is given in discovery.

The blog Electronic Discovery Law has an excellent entry on this topic.

This topic will continue to be of interest as more and more businesses and government bodies go "paperless" in the future. Litigation firms would be wise to keep up to date with the current case law and statutes on this topic.

• Email This
• Print
• Comments
• Trackbacks

When you sit down with a client to go over their business papers, the last topic discussed is the closing of the business, the future sale of the business or the possibility of a partner taking over without consent of the other partner, and the list can go on from there. I recently came across a research paper, "Unprepared for the Unthinkable," from Inc. magazine that is a must read for small business owners. It is what Inc. Magazine is calling their "white paper" and requires a free small sign on information to obtain it.

The paper is well worth the sign on. It is clearly and concisely written. The facts it brings to the business planning are great.

About 40% of business owners are financially prepared in the event their partner(s) dies. Only about 15% are prepared if their business partners are disabled.

So why are so few businesses addressing the issue? The survey says, "cost."

If a business partner died, almost a third of those surveyed said they would work it out. Meanwhile, the same sentiment was expressed by a fifth of the business owners when it came to disability.

As a lawyer, I know our costs can seem steep as an entrepreneur is setting up his business and pouring his blood, sweat and tears, and a lot of his own money, into his new venture. But, you can either pay the cost up front in the preparation of documents or pay later to undo the mess afterward.

Although this (working it out) is a very noble sentiment, in our experience it just never seems to happen - at least without lawyers present. More often than not, the result of "working it out" is far more costly and disastrous to the business than if the business owners took action before the fact.

So, lawyers do help! But to avoid the unknown - prepare and plan ahead of time as best you can.

• Email This
• Print
• Comments
• Trackbacks