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Lucas: Trial reports give glimpse into litigation strategies

January 4, 2012
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EidtPerspLucas-sigNot so long ago, trial reports were a popular element in the Indiana Lawyer. They provide litigators the opportunity to share success stories and relay some of the unique issues that arise and arguments that are made in what might otherwise be considered routine cases. Every lawsuit has a story, and through trial reports, lawyers have the opportunity to convey those to their peers.

Over time, the number of trial reports the newspaper has received has slowed to what could now be described as a trickle. Sure, the recently released trial court statistics from Indiana’s state courts reveal that the overall number of issues that go to trial has dropped in the last decade, (see more about the trial court statistics in our story on page 1) and that might account for some of the reduction, but I don’t believe that is the primary reason for the decline in submitted trial reports.

Everyone is busy. It is difficult to find time for things that are not required. There are not enough hours in a day – I get that; I live that! But when you are involved in a trial that presents interesting issues or has an outcome that you see as “justice being served,” I hope you will take a moment to submit a trial report. It is as easy as visiting www.theIndianaLawyer.com and selecting the green “submit” tab, followed by the “submit a trial report” tab and completing the accompanying form.

We ask you for the facts: case name and number, injuries incurred, bench or jury trial, disposition/awards, etc. We’ll give you the opportunity to describe the facts of the case, compelling expert testimony and the arguments made. In the name of accountability, we require the attorney submitting a trial report to send the report to opposing counsel and verify that step has been taken.

Lawyers learn quite a bit from the experiences of their professional peers. By reading about cases similar to their own, they learn how other courts are ruling on a particular issue. By reading about trial strategies, techniques and experts used, they gain valuable insights – strategies they may employ in the future.

The Indiana Lawyer would like to revive the trial report section of the newspaper in 2012. I encourage you to submit your reports. If you have questions or need additional information, please contact me at klucas@ibj.com or 317-472-5233.•

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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