ILNews

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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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