CBA Record May-June 2022

35 TH ANN I VERSARY OF THE CBA RECORD

Judges’ Advice to Lawyers in 2022

By Judge Jasmine V. Hernandez

Clare McWilliams, Cook County Circuit Court, Law Division: A bench trial is oppor tune if the litigants have actively engaged in pretrial settlement negotiations, if the court has invested time and effort to settle their case, and if all parties understand the potential evaluation of the case with the court’s guidance. In addition, it means you must have confidence in your judge, as there is no guarantee of outcomes. Do You Favor Pre-Trial Dispositive Motions? Coleman: If you have it, then file a motion to dismiss for failure to state a claim or similar. Attorneys like to file motions for summary judgment, but do not do so simply as a matter of course.

When Should a Lawyer Opt for a Bench Trial over a Jury Trial? Judge Sharon Coleman, United States District Court, Northern District of Illinois: Law yers should opt for a bench trial if their case involves issues that are complicated, for example products liability or patent law matters. A bench trial in such cases is often better, especially if the judge is experienced and can give it thoughtful consideration and not be swayed by the atrics. Also, go with bench trial if one of the parties is pro se, because the judge can keep better control over a pro se than before a jury, and discussion of jury instructions can be avoided.

S ince 1996 much has changed in the legal profession, but so much has also stayed the same. Like a little black dress, some things never go out of style: being prepared, being knowledgeable about the case at hand, and respecting the trier of fact. However, just as accessories change with each fashion season, the tools lawyers have at their disposal to be pre pared and gain knowledge also change. For better or worse, the Covid-19 pandemic propelled everyone in the legal profession not only to utilize but to embrace new technologies – which in turn impacts the legal practice overall.

CBA RECORD 25