New rules governing civil litigation approved by the Illinois Supreme Court last week are meant to save time and money and quicken the resolution of disputes.
But some attorneys-especially those who litigate complex product liability and personal injury cases-are less than euphoric over the new limitations on the discovery process that take effect Jan. 1.
They cite the three-hour limit on depositions. It was meant to curtail abuses by those who prolong pretrial interviews of witnesses to pad their bills, or wear down their opponents. But some cases merit longer interviews, or multiple interviews.
The rules take that into account, though it will be up to the judges to decide which cases warrant extra time.
“Different lawyers have different styles,” said David Levitt, a corporate defense attorney at Hinshaw & Culbertson. “When you take the deposition of an injured person, that takes longer. You have to inquire in depth not only about the accident and injuries, but also complex medical issues.”
Levitt and others fear the new rules could spawn new motion-filing abuses.
The rules were approved after months of discussions by members of the bar appointed to study problems of delays in discovery. In addition to the time limit on depositions, the rules mandate that in cases involving less than $50,000, each side would be obligated within 120 days to disclose a list of witnesses and other evidence.
Daniel Formeller, president of the Illinois Association of Defense Counsel, said the new state court rules could cause the same problem as Federal Rule 11 caused in the federal court system. That rule, which deals with sanctioning attorneys for frivolous actions, “bred an entire cottage industry of litigation,” he said.
“There is a trend toward judicial economy everywhere in the United States,” Formeller said. “And I think these rules are an attempt to expedite and add more efficiency to the process. But any time you impose arbitrary limits, they’re going to work in the majority of the cases, but not in the minority.”
The new rules apply only to cases filed after Jan. 1.
In-house player: Arena Football Commissioner James Drucker’s upbeat financial assessment of the 13-team league credits expanded ESPN television coverage and “a tidal wave of fans” for filling arenas to 79 percent capacity.
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But of an equal, if not ballyhooed, note is the behind-the-scenes work of Ronald J. Kurpiers II. The former federal prosecutor, who assumed the posts of league deputy commissioner and general counsel this year, is a hard hitter.
In a chat at AFL headquarters in Ft. Lauderdale, Kurpiers explained how he saved the league “a ton of money” by severing ties with a New York City law firm and tackling legal matters himself.
“No problem,” said Kurpiers, who honed an eye for reading defenses as an assistant U.S. attorney in Hammond, Ind., not far from arena football’s first game at the Rosemont Horizon, in 1986. “There is no collective bargaining, no player contracts.”
A Kansas couple: Pavalon & Gifford and Robert F. Coleman & Associates, two veteran Chicago law firms, forged what they say is a unique relationship in representing Kansas Public Employees Retirement Systems. The retirement system has filed a dozen civil lawsuits in Topeka, charging fraud and mismanagement in the handling of $300 million in investments.
The Kansas board hired the two firms after they offered a proposal that went beyond the traditional co-counsel relationship. Pavalon and Gifford formed KLG KPERS Litigation Group, a partnership-and a separate law firm-with fully staffed offices in Chicago and Shawnee Mission, Kan.
“With a bit of creative thinking, Coleman and I were able to provide our client with a unique option: a firm staffed by experts able to meet any of the legal challenges posed by this complex litigation,” said Eugene Pavalon.
– Crystal Lake attorney Henry H. Sugden III, selected as a faculty member by the National Institute for Trial Advocacy, instructs lawyers this week on finer points of negotiation and mediation.
– It had nothing to do with Richard Phelan. That’s what Michael Pope told partners at his firm, Phelan Pope Cahill Devine & Quinlan, when he announced he’d be resigning from the firm. Pope, at the firm since 1976, didn’t explain why he was resigning, except to say he wanted to pursue other interests, according to Phelan, who said, “He told all of his partners that Dick Phelan was not a problem.” Phelan returned to the firm last December after a stint as Cook County Board chairman. Pope could not be reached for comment Monday.