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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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