The fact finding process in civil cases is known as "discovery" -- that is, where you can ask the other side to turn over any document or other piece of evidence/information in their possession that might have some bearing on your case (provided that you ask for it in fairly descriptive terms). Many litigants make the mistake of stopping their focus after obtaining discovery -- once they've gathered everything they Read More
Chicago Trial Attorney: Personal Injury and Business Litigation: Attorney-Client Privilege
Conversations and communications between you and your attorney are covered by what is known as the attorney-client privilege. Privilege attaches to such conversations and communications so that you and your lawyer can freely discuss your matters without being judged and without hesitation, amongst other reasons. To be entitled to the protection of the attorney-client privilege, a claimant must show that: (1) a Read More
Chicago Trial Attorney: Personal Injury and Business Litigation: Discovery Truths and Process
Parties to a lawsuit (usually with the assistance of their attorneys) are under a duty to answer everythingtruthfully, but that doesn't mean that it's always easy to get a "straight" answer out of someone. This is one of those areas that distinguishes attorneys -- recognizing the difference between a party giving an affirmative yes or no answer, and half-measures such as "I think" or "I believe that is correct." A Read More
Chicago Trial Attorney: Personal Injury and Business Litigation: Privacy and Your Medical Records
One of the most sensitive parts of filing a lawsuit after you've been the victim of an injury is the extent to which your private medical issues must come to light. It is unfortunate that you have to give complete strangers access to your most private records, and it is an unfortunate side effect of pursuing your rights. Steep barriers prevent most people from having access to your medical information -- even your Read More
Chicago Trial Attorney: Personal Injury and Business Litigation: Technology & Changing Trends in Discovery Process
One of the most important components of the litigation process leading up to trial is the discovery deposition. Deposition is a fancy legal word for a process by which a person sits down in front of a court reporter and gives testimony under oath that is transcribed by that court reporter. A deposition may end up being the only time that a person is allowed to tell their "story" in their own words while being asked Read More
Chicago Trial Attorney: Personal Injury and Business Litigation: Collecting from Defendants
The issue of collecting payment after you've obtained a judgment or verdict has two main forks in the road - the first of which is an insurance issue. In auto accidents, for example, the defendant will have an insurance policy that will pay out some, if not all, of your judgment. Often, we have had to chase even the insurance companies to collect many months after settlment, verdict or judgment. Even when a judgment Read More
Chicago Trial Attorney: Personal Injury and Business Litigation: The Importance of Completeness
The Importance of Completeness In every case, there is a "discovery process" where parties exchange information and begin to weed out the issues of a case. Many attorneys make the mistake, however, of assuming that just because materials (be they interrogatories (a fancy word for "questions" in writing), requests to produce documents, requests to admit facts, amongst others) have been sent to the opposing counsel, Read More
Chicago Trial Attorney: Personal Injury and Business Litigation: Trial Aspects of a Case
A case often develops and "takes on a life of its own" due to the strategies attempted to be employed by defense attorneys. Essentially, a trial strategy can often draw a striking contrast between the way an incident seemed at the time of its occurrence, and how things are actually presented at trial. A good trial attorney must keep the Judge and Jury focused on the truth at all times - and with the utmost Read More
Chicago Trial Attorney: Personal Injury and Business Litigation
Tomorrow is a day we should keep in perspective, take a deep breath and remember. It was Abraham Lincoln who, in 1863, proclaimed (and no matter what side of the political fence you are on, the words are from the heart) "The year that is drawing towards its close, has been filled with the blessings of fruitful fields and healthful skies. To these bounties, which are so constantly enjoyed that we are prone to forget Read More
Breach of Oral and/or Written Contracts-for Plaintiffs and Defendants
Breach of contracts--written or oral (and, often, both) is a common, every day commercial / business issue that nearly any type of business--and individuals--face. Simply put, several elements are necessary to establish / form a contract whether it is oral or written: An offer; An acceptance of the offer; and "Consideration" (that is, usually money or something in exchange to support the offer and Read More
