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,…
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…
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…
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…
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…
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…
In a 6-0 decision, late last week March 2011, the Illinois Supreme Court ruled in the case of Thomas Vincent v. Alden-Park Strathmoor, Inc. that punitive damages are not allowed under the Nursing Home Care Act in death cases. This is an unfortunate decision that seems to give nursing homes less incentive to care for…
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…
About a week ago, sweeping reform was passed by both houses in the Illinois Legislature which will help ensure better patient care and safety of some of the most vulnerable people in our society. Senate Bill 326 as originally introduced was to amend the Older Adult Services Act and in provisions concerning the development of…
A colleague of mine, friend and great attorney in Wisconsin, Jonathan Groth, noted the signs of an attorney who listens and cares on his blog here when he said: I just finished a jury trial in Milwaukee County. During the trial preparation my client and I were talking about how long we’ve known each other.…