Illinois Lawyer Blog

One of my favorites legal writers, Kenneth P. Nolan had a great Sidebar column in the April issue of the Litigation, the American Bar Association Section of Litigation Journal. The column offered some advice to judges on how to run a courtroom. The column should be read in its entirety[as all of Nolan's columns should]. With apologies to Mr. Nolan, I offer the highlights:

1. Be on time. Nothing more annoying that waiting, with 25 other equally annoyed lawyers for a judge to take the bench. We do have other places to be.

2. You're not God. As Nolan correctly points out, a good percentage of sitting state court judges are wearing robes because they share DNA with powerful policitical types and NOT because they were Law Review at Harvard. No one expects you to be Solomon. If you make a mistake, admit and move on. A judge who admits his or her mistakes makes quite an impression.

3. Don't be a bully. My personal favorite. I was in a courtroom last week where some old fart judge was rude, impatient and dismissive with virtually every lawyer who stepped up. Are lawyers annoying? Absolutely. But most of us are trying our best, sometimes under more pressure than we would like to admit. So how about you cut us some slack and ease up on the venom?

4 Lawyers have to make a living. And as Nolan points out, making a living these days is a little more complicated than it was when your honor practiced 30 years ago. Lots of plates spinning in the air at the same time. Keep that in mind the next time you hear a request for a brief continuance.

5. Be fair. Maybe you logged a couple of years working for an in-house insurance company defending personal injury claims before you ascended to the bench. There you were expected to think that every personal injury plaintiff is a lying weasel. Okay, but now you're a judge. Sure sometimes it is hard to push those feelings aside, but as Nolan notes "You can do it. You're that good".

Kenneth P. Nolan writes a monthly column entitled Sidebar for Litigation, the monthly publication by the American Bar Association Section of Litigation. Mr. Nolan is a proud resident of Brooklyn, New York and a seasoned veteran of New York courtrooms. In my humble opinion his columns are the best part of Litigation. In his Summer, 2009 column[yeah, I'm a little behind in my periodical reading] he discussed Opening Statements. The entire column is worth a read. But I wanted to mention one of the points he made that I really liked.

Nolan, like many other trial attorneys suggests that you let a little argument seep into your Opening Statement. He notes:

The plaintiff has to tell the jury what he will prove. "The evidence will prove..." And what he wants. "At the end of the this trial, I want you to give a verdict for Mrs. Clark adn award her money damages.." Don't be shy. If you want a boatload of dough, tell them. You don't have to use numbers, but make sure they understand you will be asking for more than they'll ever make in five lifetimes.

....The defendant should appeal to the jurors' courage, fairness and common sense in peeking around and through the horrible injuries. American justice demands you award the plaintiff nothing. Enter judgment for my client Exxon because even large corporations that make billions and employ thousands deserve the same fair shake as you and me and all Americans.

His column alone makes the costs of Litigation worth it.

Teddy Kennedy lost his battle with cancer late Tueday night. The dissection and meaning of his life by the talking heads is now underway. Most of the coverage is fairly even-handed, and doesn't omit the details of an occasionally troubled personal life. On Twitter, Carol Marin shared a great tribute she saw on the failed talkers blog. Certainly worth a read.

Wow, late winter cold kicked my ass. But thankfully on the mend...

The current American Bar Association Journal has a great article entitled "Lions of the Trial Bar" which features interviews with some of the elder statesmen of the American Courtroom. One of the lawyers featured, Richard Racehorse Haynes, is legendary for persuading Texas juries to absolve his clients of various heinous acts, including but not limited to murder. Haynes discussed how, back in the 1970's, he used to have his client thank the judge and jury after the acquittal. One client apparently stood, looked at the jury and said:

"Ladies and gentlemen, I want to thank each and every one of you. And I promise, I will never, ever, do it again"

A few short weeks later, after yet another acquittal, Haynes' client was about to launch into another heartfelt thank you, but didn't get too far. According to the story, the trial judge interrupted.

"Don't thank me, you little turd," the judge said. "You an I both know you're guilty".

Haynes no longer has his client give thanks after an acquittal.

The American Bar Association Section of Litigation publishes a Journal every quarter impressively entitled The Journal of the Section of Litigation. The Journal can occasionally be a bit...well, dry. Then there is Sidebar, the column written by Kenneth P. Nolan, a meat and potatoes lawyer from Brooklyn. His columns are not to be missed. They are short, funny and sometimes profound. His latest column is entitled "To Young Lawyers" and I have quoted some of it below:

I try not to denigrate anyone's skills, but we're lawyers, facilitators. Not one of us is finding a cure for cancer. Sure, we help people often in dreadful situations. But there's no reason for an end zone dance. Win your case; put your papers in your briefcase. Shake hands, or, if you're from Brooklyn, kiss cheeks. Thank the judge, the staff, and the clerk. Walk quietly out of the courthouse. Have an extra glass of wine or two. And the next day, pick up another file and begin again.

No grandstanding. Quiet confidence is the most effective. Keep your ego in your pocket. Sure, you're smarter and better than everyone else. Try not to show it all the time. Allow others a word on conference calls. Every leap year admit that another attorney's thoughts have value. Please. Include your victory on the website and in the materials that sit in your reception area. But don't let success and money change you. Be gracious. Have class. You're not as wonderful as your firm's propoganda attests. Ask your wife, your sister, your college roomie. They know.

Great advice, and not just for young lawyers.