CBA Record May-June 2022

35 TH ANN I VERSARY OF THE CBA RECORD

Particularly if you are a woman, do not let someone make you feel like you are the lesser person in the room. Martin: Learn from the “star.” Have a plan but be flexible. Above all, learn. McWilliams: Sit back, take notes, and learn. Also, don’t let them get away with anything because, as we know, an expe rienced, savvy trial lawyer will likely take some advantages over an inexperienced newbie. Associate Judge Joseph Panarese, Circuit Court of Cook County, First Municipal Dis trict: First and foremost, focus on your case. Observe, learn, and consider asking the attorney what you could have done better. Also, do not hesitate to ask the judge for feedback and tips. Desierto: Kill them with kindness. The finder of fact usually sides with reason ableness and professionalism. Martin: “A fool is quick to anger, but a wise person ignores an insult.” Keep cool and never let them see you sweat. Juries and judges pick up on the unpleasant, abrasive type. A good lawyer has to stay What About the Opponent Who is Abrasive or Unpleasant?

above this and not allow themselves to be dragged down by an unpleasant oppo nent. McWillams: When you face an attorney who is unprofessional in that way, often it is best to let them “dig their own grave.” If you know that person to be abrasive or unpleasant, chances are jurors and/or the court will pick up on that as well. Addi tionally, do not interrupt during an argu ment or stoop to that level of behavior. The lawyers who remain calm and keep their voices down often gain more respect from the court. What Do You Do at Trial with A Prob lem Client? Desierto: Let your client see you listen, guide your client using the judge’s rulings, and control your client with reasoned advice. Panarese: You know right away whether you have a difficult client, so make sure to spend more time with that person prior to either a bench or jury trial. Explain things to them in detail, help them see the job you are trying to accomplish. Make them part of the team.

direct testimony, recapping the salient issues of the trial, and not insulting the intelligence of the court or jury by reiter ating too much of the trial. Stick to what is most important. How Do Lawyers Effectively Handle or Address Jurors Ready Access to Social Media? Coleman: Lawyers should not have to address social media with jurors – leave that to the judge. If lawyers see or learn something, bring it to the judge’s atten tion. In argument, put it on the judge, “As the judge said …” Desierto: Illinois Pattern Jury Instruc tions address social media. I stress the IPI 1.01 admonishments. Martin: Let the court handle this. It is best to discuss the issue with the court ahead of time, but let the court handle it. McWilliams: Jurors most often report that they do not use social media during a trial for one simple reason: the judge has ordered that this is prohibited, and they do not want to violate a court order or otherwise upset or disrespect the court. As a lawyer, kindly remind your judge, if necessary, to make sure the jurors under stand the gravity of this rule. Panarese: It is the role of the judge to lecture jurors about social media, not the attorney. Leave it to the judge.

How Can a Lawyer Make a Closing Argument Effec tive? Coleman: The best closing argu ment is one that stays close to the evidence presented. Do not try to unnecessarily pump up the evidence. Give the highlights, do not regur gitate, and stick with brevity. If you can make an inference and it is a highlight, focus on that. However, do not misstate the evidence. Lawyers should be cautious about objecting during closing argument; only do so when necessary. Other wise, wait for rebuttal. McWilliams: Closing arguments are most effective if they are genuine. This means quoting

How Hard Should Lawyers Push or Resist Discovery? James B. Zagel, U.S. District Court Judge: Take a modest approach in seeking to compel discovery. Do not hit the ceiling. It is important that you warn your opponent that discovery is not in compliance and that you will seek to compel discovery. Rather than exhibit ing personal outrage concerning your opponent’s failure to produce, show the judge that your opponent’s failure is hindering administration of the case.

Jasmine Her nandez ser ves as an Associ ate Judge in the Circuit Court of Cook County’s First Municipal District and is a member of the CBA Record Editorial Board.

From “Judges’ Advice to Lawyers,” April 1996

CBA RECORD 27