Social Scene - Race Judicata 2008

The 15th annual Race Judicata® 2008 was held on August 14th in Chicago in Grant Park. The 5K Run/Walk, benefits the Chicago Volunteer Legal Services Foundation whose mission is to ensure that the law works for everyone. Photos were taken by Lindsay Macfarland and Dave Glynn of the Law Bulletin, some photos were submitted by the law firm teams.
Click on the photo to view the caption.

Around the water cooler: Young Lawyers Section collecting school supplies

Each week Chicago Lawyer will highlight a different case or legal happening, and solicit your thoughts on the impact of it in the legal community.

People can drop off school supplies at the Chicago Bar Association by Tuesday, Aug. 26 and help a child start off the school year right. The CBA’s Young Lawyers Section is organizing supplies to outfit all 70 fifth-graders at Goudy Elementary School for the entire year.

They need: Colored pencils; washable markers; pencils with erasers; pencil bags (no boxes); Kleenex; 2-pocket folders; spiral notebooks (70 pages); glue/glue sticks; rulers, scissors & protractors; yellow highlighters; dividers, and Post-it notes; large erasers; backpacks; pens (red, blue and black); 3×5 lined index cards; pencil sharpeners, flash drives; and Tempera paint sets.

Supplies can be left in the drop box in the lobby of the CBA at 321 S. Plymouth Court, in Chicago.

Mike Rohan, chair of the Young Lawyers Section and an associate at McDonald & McCabe, said the CBA adopted Goudy in 2003. The school is named after the first president of the CBA. The school selected the grade that will accept the donations, Rohan said.

“The students are incredibly wonderful kids,” Rohan said. “They come from numerous, diverse backgrounds. We hope that they get a good impression of lawyers and young lawyers. Perhaps it inspires them to do well in school and follow their hopes and go on to pursue what they want to pursue in life.”

Additionally, this year the Young Lawyers Section will help update a classroom into a bright, new space. Monetary donations that will support the painting project may be mailed to: Attn: Jenni Bertolino, YLS/CBA, 321 S. Plymouth Ct., Chicago, IL 60604 (make check payable to CBA, donations are not tax deductible).

Clifford’s Notes: Using video properly

By Robert A. Clifford
Clifford Law Offices

A 31-year-old man suffered traumatic brain injury when his cargo van was struck from behind by a school bus. During trial, the court admitted as demonstrative evidence a silent day-in-the-life film of less than five minutes of his going through physical therapy. Donnellan v. First Student, Inc., No. 1-06-2418 (1st Dist., decided June 19, 2008).

Despite the depiction of obvious pain, the court found that ”the very purpose of these videos is to illustrate evidence regarding a party’s life at the time of trial.” Id., at 7.

I have used video at trials and routinely include digital DVDs in settlement brochures. I recall the first time the court allowed a day-in-the-life tape to be run with sound because the court ruled that it accurately portrayed the plaintiff’s condition, and that its probative value outweighed any prejudicial effect.

It was the case of an 11-year-old Boy Scout who was severely injured in an accident while traveling to a Boy Scout jamboree. He lay in a coma for eight months with a broken skull and severe permanent injuries. That case resulted in a $14.2 million verdict in 1990.

As trial lawyers, we have moved from diagrams to computer animations, simulations, and reconstructions as the public becomes more technologically savvy. It is clear that, regardless of the type of presentation, lawyers must lay a proper foundation in introducing the evidence with experts or other witnesses.

Computer-generated animations generally are used to explain or illustrate a witness’s testimony and are allowed as a demonstrative aids with the proper foundation and after the court determines they are relevant, accurate, and not unduly prejudicial. More courts are accepting such animations, comparing them to charts or diagrams that are drawn by a computer instead of by hand or mechanically.

Although courts use the term computer animation interchangeably with computer-generated simulations, the latter typically are re-creations based on scientific principles and reliable data. The reconstruction of events really becomes a transference of data from one reliable medium to another reliable medium video that assists the jury in understanding engineering functions and other technical details through a fair and accurate depiction of the events.

In Illinois, a computer animation was allowed as demonstrative evidence in Dillon v. Evanston Hospital, 199 Ill.2d 483, 771 N.E.2d 357 (2002). The Illinois Supreme Court affirmed the use of video animation in explaining an expert’s testimony that depicted a bacterial infection in the heart that spread to the brain.

The court concluded that, even though the video displayed a type and location of infection different from the infections that the plaintiff might suffer in the ”the video animation would be helpful in explaining to the jury the general development of endocarditis, a condition for which plaintiff is now at risk.”

In a brief discussion, the Illinois Supreme Court found that cross-examination of the plaintiff’s expert about the videotape would have avoided any confusion for the jury.

Computer animations are being used routinely by lawyers in airplane crash cases, truck accidents and even in criminal cases. In Jones v. Kearfott Guidance & Navigations Corp., 1998 WL 1184107 at 3, 4 (D.N.J.1998), the court allowed the introduction of animated videos of eyewitness observations of a helicopter crash and of the simulated engine failure.

Not only did the court find them relevant, it held that the engine failure video was not hearsay because ”it is not a statement offered to prove the truth of the matter asserted; rather it is offered to illustrate the expert witness’s theory.” Id., at 4.

In Datskow v. Teledyne Continental Motors Aircraft Products, 826 F.Supp. 677, 686 (W.D. N.Y.1983), the court held that computer video demonstrations are permissible as demonstrative evidence to illustrate an expert’s version of the events so long as the jurors do not believe that they are ‘’seeing a repeat of the actual event” but instead understand that ”they are seeing an illustration of someone else’s opinion of what happened.” Id., at 686.

In quoting ”Jack Weinstein on Evidence,” the court reiterated, ”’If audio or visual presentation is calculated to assist the jury, the court should not discourage the use of it … Jurors, exposed as they are to television, the movies, and picture magazines, are fairly sophisticated. With proper instruction, the danger of their overvaluing such proof is slight.”’ Id., at 685, quoting, 1 J. Weinstein & M. Berger, ”Weinstein’s Evidence,” par. 403[5] at 403-88 (1992 ed.).

Generally, I introduce video demonstrative evidence under two circumstances: case-specific video that has been created in concert with the experts or treaters who vouch for its accuracy; or ‘’storeroom shelf,” ready-made video that is available and case-neutral that can be fairly used by both sides as an aid for the jury.

Certainly, video can be a powerful tool. The unique attributes of video animation and other types of moving images can be used at trial, with proper foundation and instruction, to better inform the jury of issues that may not be explained as well through diagrams and other one-dimensional demonstrative evidence. I would not enter a courtroom without this type of helpful evidence.

Around the water cooler: Q & A with Donald R. McGarrah

Each week we will pose these three questions to different lawyers in the legal community.

This week we talk with Donald R. McGarrah, a partner at Salvi, Schostok & Pritchard, who is a lead trial counsel on a number of commercial litigation and complex, catastrophic personal injury matters for firm clients. He handles Illinois cases, as well as cases pending in states outside of Illinois, having served as a lead counsel in 37 different states during his 30-year career.

What do you find the most interesting about your practice?

Most interesting — the people that I deal with on a daily basis, whether they are clients, opposing parties, attorneys, witnesses, experts, consultants, judges, or jurors.

What makes a good lawyer?

A good lawyer is one who is committed/dedicated to his or her client, and committed to providing legal representation in a competent, ethical, professional, courteous, and comprehensive fashion. Further, a good lawyer is a person who treats people with dignity and conducts their affairs with integrity.

What is the biggest legal news right now, and what is its impact?

Whether someone would consider this to be the “biggest legal news” is a matter of debate, but one current significant legal issue is the effect that the recent U.S. Supreme Court decision in District of Columbia v. Heller may have on the city of Chicago’s ordinance that bans the possession of handguns. The Supreme Court held, in part, that the District of Columbia’s total ban on handguns violates an individual’s right to possess firearms under the Second Amendment.

The decision is narrow in its scope as it applies only to the District of Columbia handgun ban. Mayor Daley has publicly stated that he is angry about this decision and he will fight to preserve a similar Chicago ordinance that bans possession of handguns. It will be interesting to see how this decision will ultimately affect Chicago’s ordinance.

Closing Argument: Lessons from the big dog

By Peter S. Stamatis
Law Offices of Peter S. Stamatis

A little more than a year ago, Chicago lawyer Michael W. Coffield died at his desk. Mike was a friend and mentor to all and a lawyer’s lawyer. Those who had the privilege of knowing Mike knew that there was always some nugget of wisdom glistening in the frenetic frenzy. Mike was always teaching us how to be better better lawyers, better friends, and better people.

In the fall of 1996, I read an article in Chicago Lawyer about Michael leaving Coffield Ungaretti & Harris and going solo. On a lark, I picked up the phone and introduced myself.

”Call my secretary Monday and schedule a time to come over for coffee,” he said. With Mike, it was always that simple. Everyone was welcome.At our first meeting, Mike was gracious. He was always gracious. We drank coffee, he looked at my resume, and he talked about ”Moby Dick.” For nearly the entire next decade, I had the privilege of practicing law in the office directly next to his.

Mike was a mentor par excellence. Though it’s a certainty I missed many of them, here are 10 of Mike’s lessons, in no particular order:

Lesson 1 Always be civil.

”Do you know who is the most important person in a courtroom? It’s not the judge — it’s the judge’s clerk. Treat the clerk better than you treat the judge.”

It’s doubtful that there has been a lawyer in the history of Chicago who befriended more adversaries than Mike Coffield. Of course, Mike fought hard for his clients. But when a case was over, his opposing attorney was usually added to his list of friends. Many would come to him for advice.

Lesson 2 Dress like a lawyer.

No one dressed better than Mike. His haberdasher shed many a tear at his funeral. Mike never bought in to ”casual Fridays,” and when I’d show up to the office in jeans, he’d shoot me a look that said, ”C’mon Peter, you’re a lawyer. You don’t work at the rodeo.”

Lesson 3 Read.

Mike was an avid reader of The New York Review of Books. Whatever interested him, he bought, reading multiple books at the same time.

”I’ve got one going in the bedroom, one in the bathroom, one in the car, one in the kitchen, and one at the office.”

He read novels, history, politics, and art, and encouraged everyone to do the same.

Lesson 4 Share, and don’t keep score.

Mike couldn’t just take one person to lunch. He’d take everyone to lunch. If a book sounded especially interesting, he’d order multiple copies and hand them out. He bought tickets to just about everything and gave most of them away. And most importantly, he never kept track of any of it.

Lesson 5 Leave something on the table.

Many believe that the best negotiators are those who can squeeze the last nickel out of a transaction. Mike didn’t. ”Always take the long view. You are better off at the end of the day with a little goodwill than you would be with the few extra dollars.”

Lesson 6 Lead.

One might think that Mike’s selflessness might have made him a human doormat. Not the case. He was honored constantly and elected president of just about every organization he ever joined, accepting each role with vigor, throwing himself wholeheartedly into and improving everything he touched.

Lesson 7 Think of others.

Mike was lavish in his praise and congratulations, usually by way of a personal note scribbled with huge letters in blue, green, or purple marker. And no occasion was too small to celebrate: ”Congratulations, I heard you had lunch yesterday. I wish you all the best. Mike.”

Lesson 8 Mentor.

Mike was proud of his role in the Inns of Courts and its mentoring of young lawyers. ”How does one pay back a mentor?” he once asked. ”The only way to do it is to pass along what you’ve learned to someone else. Pay it forward.”

Lesson 9 Take it as it comes.

Mike had his fair share of challenges, especially in the last few years of his life. In handling the steady deterioration of his wife’s health due to Alzheimer’s disease, not to mention living with his own health issues, he never whined. ”Getting old ain’t for sissies,” is all he’d say, quoting his mother.

Lesson 10 Leave ‘em wanting more.

”The best place to sit at a party is with your back to a wall and with a clear shot of the door. From there, you can see people come and go and can spend at least a little time with everyone.

”And when do you leave? Leave right at the point when you’re having the most fun you ever had. Why leave then? First, it’s never going to get any better. Second, leave when everyone still wants you to stay. Leave ‘em wanting more.”

These, of course, were just a few of Mike’s lessons. But when you boil everything down, perhaps the greatest lesson was to enjoy being alive. Mike did that by living ”big,” adopting what can only be called the ”Golden Rule Plus:” Treat others better than you could ever hope to be treated.

And that was, perhaps, his greatest lesson.

Counsel’s Table: Quality in the details

By Russell B. Selman
Katten Muchin Rosenman - Restaurant Critic

Years ago when I transitioned from my job with the Feds to a large prosperous D.C. law firm, I had some trepidation about fitting into my new surroundings. My sense of dread deepened when I went out to lunch with my new partners to an ersatz deli and watched as each of them took a pickle and, using their knives like scalpels, they cut their respective pickles into eight separate slices, and then used a fork to transition the slices into their mouths.

My ever-humble approach to fitting-in led me to use my mitts to pick up my pickle and thrust the pickle into my mouth and then chomp until completion. In that mandibular moment my die was cast I would not ever fit in, as this episode repeatedly played out over my brief tenure. (Indeed my secretary came into my office within 20 minutes of my infamous lunch faux pas and said as much: ”I’ve seen’em come and go and you are just a bit too interesting to stay.”) I realized that I was just not a ”monkey-see, monkey-do” kind of get-along guy so dear to the firm leadership.

I got my second wind here in Chicago and, while I have swell anecdotes from my past professional associations, I am now somewhat attentive to the local mores of my environs. When congratulatory e-mails go out over some major litigation win regarding how we prevailed in a Deep South litigation regarding the alleged misconduct of a notary using a rubber stamp rather than the historic embossing seal, I join in on the celebration congratulations sometimes I am even the first to e-mail, ”great job!” When in Rome, eat the spaghetti or else.

Such happy thoughts of fitting-in lubricated my hopes for C-House, the Chicago cousin of New York’s Aquavit restaurant. Aquavit is one of my favorite places, with an emphasis on Scandinavian-styled seafood, ”quiet” and superb presentations and an absurd (and very delicious) emphasis on herring.

I worried that the herring sacraments (and the very restrained and complex New York style) would be excommunicated by a Midwestern-style papal bull. Exactly how a herring might face such severe sanctions, I was uncertain but still worried.Location-wise, C-House is challenged. Located in a hotel nobody has ever heard of (the ”Affinia,” which sounds like a Latin medical phrase for irritable bowel syndrome) and next to one of those lousy pizza joints (that all Iowa tourists MUST visit), C-House is easy to miss off Michigan Avenue. Indeed, I had to push through a sweaty scrum of teenage burpers exiting the pizza inferno.

That said, life is funny sometimes, as C-House is as attractive as can be. Serene and confident styling dominates the living room/dining room with teak furnishings, copper orb lighting and nautical photos casually placed here and there. Oddly, the room feels important, almost like a UN diplomat’s lounge. Except here, all of the secrets are maintained in the chef’s cookbook.In the evening, the musical mood is set by Dido, at lunch it’s jazz and the atmosphere is sophisticated, upscale but warm. The starting courses, ”C-House tastes,” can be ordered individually but should be ordered in groups of three, five or seven for several dollars each. The wagyu beef taste is a swirl of deep, flavorful peppery emotion that had me plumbing the depths, and I only surfaced when a tart caperberry brought me back to the surface. The fish tacos are 21-jewel-like mechanisms of time using seasoned yellow tail enrobed in and underlain by corn -a totally perfect composition. Nothing flashy if the comparison is to a watch, we are talking Patek, not Rolex, with the quality inside.

At lunch, I had a crab sandwich that was d’bomb. The essence of summer present, better than the memory of summers past, and free of all restraint. Perfectly fried, bright with promise and totally unhinged a crab sandwich that I simply cannot lie about in the plain light of day.

Not all is perfection. A short rib-filled agnolotti was a bit pallid without the expected zing from the horseradish consomme bath. And a chorizo mac and cheese was hearty but a bit heavy. However, the seared tuna with sea urchin had me overlooking such inconsistencies, as the salty/sweet flavors extinguished the occasional missteps.

That C-House is excellent is not in question. The quality is in the small details, the wonderfully nuanced flavors, pretty presentations and quiet confidence. With an ever-increasing Chicago audience for fine dining, C-House should fit in very well and maybe one day, Chicago will get the herring.

Pleadings:
C-House
166 E. Superior, 312-523-0923

Court costs:
Tastes $ 3 - $6
Small Plates $ 9 - $16
Entrees $19 - $48

Verdict:
Four Gavels

Around the water cooler: The MDA telethon

Each week Chicago Lawyer will highlight a different case or legal happening, and solicit your thoughts on the impact of it in the legal community.

For the past several years, Morici, Figlioli & Associates has been an active supporter of the Jerry Lewis MDA Labor Day Telethon, which is Monday.

The Muscular Dystrophy Association (MDA) is a voluntary health agency working to defeat neuromuscular diseases through worldwide research, services and professional and public health education, according to the organization.

The first telethon was in June 1955 at Carnegie Hall in New York, and it raised $600,000 for MDA. Today about 40 million viewers in North America watch the telethon each year.

To celebrate the firm’s 10^th anniversary, it will be a matching pledge sponsor, and donate up to $20,000 - with the potential of raising as much as $40,000.

Dave Figlioli, a founding partner of the firm, said the firm wanted to use the money it would have spent on an anniversary party or dinner for a charitable cause.

“It’s kind of in lockstep with what the philosophy is of the firm,” Figlioli said. “We handle personal injury workers compensation, and we handle a lot of tradespeople who are seriously injured. We are here to help these people during a time that is very difficult for them … If they are seriously injured, hopefully we will make a good recovery so they are taken care of for the rest of their lives.”

The firm supports the MDA because it shares a similar mission of helping those in need, he said.

He said his hope is that clients and family members will donate during the firm’s designated time in the telethon so it can match those donations. Figlioli said the firm is not sure of that exact designated time, but it is supposed to be some time between 8:30 and 10:30 a.m.

For more information about MDA and the telethon visit www.mda.org.

Around the water cooler: The Democratic convention

Each week Chicago Lawyer will highlight a different case or legal happening, and solicit your thoughts on the impact of it in the legal community.

Many local lawyers dedicated their week to the 2008 Democratic National Convention in Denver.

Anita Ponder, a partner at Drinker Biddle & Reath, attended the convention because she wanted to support Barack Obama. And as a member of her firm’s government and regulatory group, and head of its government contract team, she wanted to connect with some of her clients who also attended the event.

And she also attended the convention as a member of Women Impacting Public Policy’s Democratic Presidential Power Team/Business Women for Obama. The team tries to help frame ideas, recommendations, business solutions, and policy targets for Obama.

“It’s so exciting,” she said. “Everyone is energized, and united toward a common goal and purpose. It’s just been very uplifting, and it’s just been a very exhilarating experience.”

Most know Obama as the presidential candidate, but others have known him before he decided to run for U.S. president.

Alan King, another partner at Drinker Biddle & Reath, grew up with Obama’s wife Michelle and her brother, Craig Robinson. He’s known them since he was about age 10 or 11.

He met Barack about 10 years ago on the basketball court, and plays regularly with the candidate in his now-famous basketball games.

King is part of the Illinois delegation and spent the week in Denver at the Democratic Convention. He plays a variety of roles in the campaign, but he said his most important role is being a supportive friend to the Obama family.

“They’re both wonderful people, and they’re really about family first and foremost and they are very loyal to each other, obviously, and their children,” King said. “But to their friends, for those of us who have known him before they became ‘Barack and Michelle’ all in caps, they are very much still the same people. And we’re just hopeful that the country will not miss this opportunity to really benefit from his leadership and the vision I think he has for the country.”

King described the convention atmosphere has very supportive, with people of all different ages and ethnicities showing their support. He said having two Chicago lawyers take this path to the White House is important for the city and the legal community.

“It can only reflect positively on the Chicago legal community when one of our own is on the verge of reaching the ultimate height,” he said.

Jesse Ruiz, a Drinker Biddle & Reath partner and chairman of the Illinois State Board of Education, is a member of the Democratic National Committee’s rules committee.

Ruiz met Obama in 1992 when he was a University of Chicago law student and Obama was a professor at the school. For the past 10 years they’ve tried to have annual lunches or breakfasts to catch up.

When Obama’s first book came out in 1995 Ruiz remembers joking with him that he better sign his copy because Obama could be famous someday.

He also remembered a conversation they had during one lunch where Obama talked about how he was considering going into politics and thought he might someday run for Chicago mayor. But Ruiz suggested that he better set his sights on another position, because that job was already taken.

When Obama entered the political world, Ruiz would volunteer on his campaigns, and host modest $20-a-head fundraisers for his professor.

Ruiz said it can sometimes be difficult to believe that “somebody you know, somebody you interacted with in the classroom, somebody you shared meals with who had a dream and a passion” is where he is today.

Ruiz has spent his time at the convention supporting Obama, and attending various events and committee meetings. He’s also part of a group of Latino leaders trying to bring in Latino voters and raise funds for Obama.

“This is what can come from lawyers,” Ruiz said about Obama’s run. “Lawyers have a distinct role in society in that they are always civically active. They believe not only in justice in court, but justice in communities and making sure everybody has equal opportunities and access …

“It’s really nice to see one of us is going to hopefully lead the nation forward for the next eight years. I think it’s an honor for the entire legal community that two Illinois lawyers will soon occupy the White House, and represent not only the state and city but also the profession.”

Info Tech Law: Privacy and liability in a connected world

By Alan S. Wernick
Wernick & Associates

Computing connectivity is usually equated with convenience. Plug in the USB memory device you carry in your pocket to the company network, download the business data, and off you (and the data) go. Quick. Easy. And potentially fraught with legal risks and liabilities for you, the business, and the customer or client.There are a number of ways to get connected to data nowadays, including Universal Serial Bus (USB) devices, Bluetooth devices, Infrared (also called IR or IrDA [Infrared Data Association]) devices, Radio Frequency Identification (RFID) devices, WiFi (wireless fidelity), and hand-held hard drives that can hold many gigabytes of data.

Many of these devices are small enough to put on the end of a key chain or carry in a shirt pocket. Each of these devices can enable the user of the device to copy significant amounts of confidential personal data in less time than it took you to read this paragraph.

In the future, the myriad of electronic connectivity devices will be shrinking in size while increasing in storage capacity. Small, portable, high-capacity hard drives without any moving parts are already entering the marketplace. Consider the potential of a physician being able to carry a patient’s entire medical history in the palm of the hand along with, and integrated with, medical and drug interaction reference texts. And consider the potential of patients being able to carry a card in their wallet that has their entire medical history from birth to present. Now, consider the potential liabilities for the loss of this valuable data or the inaccurate recording of this critical data.

Various state legislators and U.S. Congress have given considerable thought and analysis to these potential risks and liabilities for this valuable, critical data. The federal laws include some familiar names, such as the Health Insurance Portability and Accountability Act, Financial Services Modernization Act (otherwise known as Gramm-Leach-Bliley), and Sarbanes-Oxley Act.

The courts are weighing in on this subject as well. When actual harm, either economic or physical, results from identity theft, the courts have awarded damages.

Indeed, a number of states have passed data-breach legislation. Businesses may also experience liability for damages as a result of failing to act in accordance with all of the applicable data-breach laws. Which data-breach law applies may depend on the residence of each of the affected individuals in the compromised database, and not the location of the entity that experienced the data breach.

While financial damages to a business from a data breach can be significant, they can pale in comparison to a potentially far more deadlier damage the loss of trust by those who entrusted you to protect their personal identifiable information. This loss of trust can potentially have a far greater negative impact on your business than any out-of-pocket financial damages award.

What can businesses do to manage the risks of liability for data breach as a result of interconnectivity? Steps for consideration include:

– Have a legal audit done by knowledgeable legal counsel (preferably one with a technology background and familiarity with data privacy, security, and compliance). A legal audit includes interviewing people in your organization, Illegal ‘X-value’ for character STYLs voided here reviewing your practices and procedures (for instance, reviewing your vendor contracts for data privacy and related risks), and identifying the strengths and weaknesses of your compliance with the applicable statutes and laws, as well as identifying potential risks regarding data privacy and data security.

– Have a security audit done by a knowledgeable security professional working with knowledgeable legal counsel. o Use encryption to secure the data at all times.

– Require users to use at least two security elements for interconnectivity access: (1) something they know a strong password (that is changed periodically), and (2) something they must carry with them (in addition to the interconnectivity device), for example, a security token that generates a unique random number linked to the network’s main server.

– Obtain appropriate insurance coverage for data breach losses.

– Educate users about data security and data quality.

– Finding the balance between interconnectivity and risk management for data privacy, data security, and data quality will not be easy. Putting together a team from within your organization along with outside advisers is one proactive, preventive approach to finding that balance and managing the risks. While this approach may be expensive, it will be far less expensive than the increased lost management time, and increased legal expenses involved in having a court or government agency handle the problem for you.

Interconnectivity issues will only increase over time as new technologies allow for new ways to access data. While the legal risks can be managed, they may not be entirely removed. It is a process. As the old Chinese saying goes, ”If you don’t know where you are going, any road can take you there.”

Which road will you take to connect with your data?

(C) 2008 Alan S. Wernick

alan@wernick.com

Around the water cooler: John Marshall’s veteran’s clinic

Each week Chicago Lawyer will highlight a different case or legal happening, and solicit your thoughts on the impact of it in the legal community.

The John Marshall Law School’s Veterans Legal Support Center & Clinic (VLSC), which began in January, is one of the nation’s first law school clinics dedicated solely to addressing the legal needs of veterans seeking their benefits from the Veterans Administration (VA).

A number of organizations and studies have highlighted the unavailability of competent legal representation for our veterans, according to the law school. The purpose of the VLSC is to assist veterans filing VA benefit claims as well as to provide representation for veterans during the appeals process through the statewide network of pro bono attorneys.

Since the clinic has opened, it has taken over 300 calls from veterans and currently has about 70 active cases, said Brian Morris, staff attorney at the clinic. About 16 law students participate in the clinic, and about 120 Illinois lawyers offer to take on these cases on a pro bono basis.

“The focus of the clinic is to try and help veterans of all generations navigate that [military law] system,” Morris said. “We train law students to take phone calls from veterans. Under my supervision, we review the claims for disability or compensation, and where we can help them directly we do.”

The law school’s Veterans Advocacy Course includes the study of federal, state, and local laws pertaining to veterans’ advocacy. Through examining the historical origins of veterans’ advocacy law and the procedural and substantive texts used by the courts and attorneys, students learn federal agency litigation practice, sharpen their analytic skills and become confident in their ability to deal with clients, federal agencies and the courts, according to the law school.

In addition to dealing with the theoretical legal problems presented by veteran status, the Clinical Program emphasizes the practical aspects of handling Veteran Benefits Administration claims from the initial factual intake to the technical aspects of representation at the appellate level.

“People sometimes forget that liberty comes at a cost,” Morris said. “Families that sacrificed to various degrees are promised that ‘if you are injured in the line of duty, our government in our country will take care of you.’ Sometimes to get that promise fulfilled, it takes some advocacy. That is why we are there — to guide those veterans through the process.”

The clinic is working on creating a continuing education book that would serve as a practical guide to military law, and how that law impacts veterans, Morris said. The clinic is also working with the University of Southern Illinois as they start a similar program.

“I’m a veteran. For me it’s personally rewarding. I know firsthand about the frustration that comes with having to prove you were injured in the line of duty,” said Morris, who has spent 18 years in the Army and Army Reserves. He is currently a major in the Army Reserve who was deployed in 2003, 2004, and 2005 to such places as Bosnia and Iraq.

“The VA system is complicated for a reason. It’s a huge bureaucracy with a lot of red tape. The system is designed to thwart people that want a quick solution or a quick answer to a claim. It takes determination to persevere in this process.”

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