In his third of five installments on trial technique in the Illinois Bar Journal’s December issue, Gino DiVito dissects the essential tactics of a successful direct examination. “Except possibly for adverse-witness testimony, direct examination should simulate a friendly conversation,” DiVito writes. “After introductory information based on ‘who’ the witness is and ‘when’ and ‘where’ events occurred, witness questioning shifts to an open-ended question such as ‘what happened?’” One of DiVito’s main takeaways is that proper direct examinations require relevant questions resulting in answers that create reality.
Illinois Bar Journal
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For the second consecutive year, the Illinois Bar Journal reached out to leaders from several ISBA sections and asked if they’d be willing to reflect on highlights in their areas from the past year and provide a few thoughts on anticipated developments in 2024. Contributors were free to deviate from this theme, so long as their content conveyed a looking-back/looking-forward approach. Read on for contributions from six sections: Civil Practice and Procedure, Criminal Justice, Family Law, Real Estate, Trusts and Estates, and the Young Lawyers Division (YLD).
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In the November Illinois Bar Journal’s Judging Your Writing column, Illinois Appellate Court Justice Michael B. Hyman issues a salvo in the long-simmering debate over the continued use of Latin in the legal profession. His column title translates as “Say Goodbye to Latin,” which gives you more than a clue to his perspective.
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In his November Illinois Bar Journal article, “Welcome the Stranger,” Administrative Law Judge Junaid “J” Afeef, discusses whether it is morally and ethically imperative to be more inclusive. Inclusiveness, Judge Afeef writes, contributes to increased innovation, improved problem-solving, and expanded access to a broader range of ideas and perspectives. A more diverse network encourages a richer, more nuanced understanding of the global marketplace, enhancing one’s capacity to address multifaceted challenges effectively.
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Building on Aristotle’s teachings concerning logos, pathos, and ethos, retired judge Gino L. DiVito continues his five-part series on trial advocacy in November’s Illinois Bar Journal. In Part Two, “The Essential Elements of Persuasion: What To Do and How and Why To Do It,” Judge DiVito reframes Aristotle’s principles as the three Cs—character, competency, and conviction.
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For the Illinois Bar Journal’s November cover story, “Writing Matters,” the IBJ reached out to members of the bench and bar and law-school writing professors, and asked them to reflect on where good and bad writing begin, and why good writing is worth the practice. They had plenty to say, beginning with their observation that graduating from law school does not mean, ipso facto, you have become a good writer.
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It’s Halloween season, so what better time than to reflect on the role of “Devil’s advocate,” suggests ISBA General Counsel Charles J. Northrup in his October Illinois Bar Journal ethics column, “Giving the Devil His Due.” The essential characteristic of the Devil’s advocate is good communication, Northrup continues. “And as a fundamental part of good communication, it should come as no surprise that the idea of being a good Devil’s advocate is fully embraced by the Illinois Rules of Professional Conduct.”
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As federal and Illinois state courts seem to disagree as to whether in personam deficiency judgments are mandatory or discretionary under the Illinois Mortgage Foreclosure Law (IMFL), what’s a client to do? In his October Illinois Bar Journal article, “The Illinois-Federal Foreclosure Split,” Morgan I. Marcus writes that there are practical considerations for creditors and borrowers to keep in mind.
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Most attorneys are aware that a revival is not a new action; it is a continuation of the existing action where a final judgment is already entered. The Revival Act only establishes how and when the vested right may be enforced through legal actions filed in the court. But, as Mike Starzec notes in his October Illinois Bar Journal article, “Judgment Revivals: The Seven-Year Itch,” recent amendments to the Revival Act create two classes of judgments with different effective dates requiring revivals at radically different times.
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The Illinois Bar Journal’s October issue debuts a five-part series on trial advocacy by retired Justice Gino DiVito, who cofounded and is a partner of the Chicago law firm of Tabet DiVito & Rothstein LLC. He has served as a trial judge and as a justice of the First District of the Illinois Appellate Court. He is the author of the ISBA publication, “The Illinois Rules of Evidence: A Color-Coded Guide,” which is updated annually. In his series, “What I Learned From Teaching Trial Advocacy,” Justice DiVito shares his personal experiences based primarily on trying cases and teaching the four stages of trial advocacy.