A lawyer friend Brian occasionally mentions the idea of "innocently" placing a colorful bag on his table during an opposing lawyer's final argument. I don't think he's ever done it, but the goal is to distract the jury while...more
Last Christmas Eve, I got a voicemail from my son Shamus asking if I knew of "a divorce lawyer named Mr. Barnhart."
Shamus called from New Orleans where he lives. Since he's not married, his divorce lawyer voicemail...more
Back in 2006, John Swartz and his wife Judy were driving through the Village of St. Johnsville, in New York, on the way to visit Judy's son. While sitting in the passenger's seat, John noticed a police car, whose occupant,...more
An owner of an arena or stadium owes a duty to each patron to operate the premises with reasonable care. In the context of sporting events, this duty is defined as a "limited duty." Spectators are thought to assume ordinary...more
At Meadowlawn Elementary in the 1960s, my West Michigan friends and I would boast about things that made us "better" than each other. It was the golden age of Superman comics and, while I didn't have super strength or x-ray...more
As a trial lawyer, I read essays on litigation. The best title that I ever saw on a column was, "Litigation in America - As Welcome as Sickness or Death."
The author opined on why litigants hate lawsuits. His list of...more
I've been a trial lawyer for 32 years. And if I had a dollar for every time I heard a litigant vow to collect actual attorneys' fees from an adversary -- because the bad guy's claim was "frivolous" -- then I'd have a pocket...more