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Ken Levinson

Orientation Day: Back to law school

August 31, 2015 by Ken Levinson Leave a Comment

A special stop at DePaul University.

Almost 26 years to the day, I started my first day of law school. I was excited, nervous and not sure what to expect. I was meeting new people, getting to know the campus and privately wondering if I’d make it through three years of intense study. There were always moments of doubt, but I knew I was making the right decision.

Roughly a week ago, I was reminded of that decision and how much I love being a lawyer. On Wednesday, DePaul University welcomed its newest crop of law students for the 2015–2016 academic year, part of the Professionalism Orientation Program, a statewide initiative that takes place annually at all nine of Illinois’ law schools. The program is designed to give students an opportunity to interact with their peers and a few experienced lawyers from around the city. The best part: it gives local attorneys like me a chance to mingle with the future of the profession.

As part of the program, an Illinois Supreme Court Justice speaks to incoming students about the responsibilities of being a lawyer. Students then take the Pledge of Professionalism, and later, they participate in a facilitated discussion (led by practicing attorneys) that touches on the ethical and moral dilemmas that often arise in the practice of law.

Our group talked about a range of topics: The process of disclosing delicate information, even if it might be detrimental to a case; the context with which deleted social media posts constitutes destroying evidence and violating ethical rules; client confidentiality; and professionalism, especially. The students voiced their thoughts on courtesy and cordialness, right and wrong, which turned into an important part of our discussion that afternoon.

Before then, I had a great conversation with members of the DePaul Law faculty and the invited attorneys who were facilitating other groups. We talked a lot about the responsibilities we have to our clients, but also to one another. I was reminded of one of my first cases as a young lawyer. I’d been working with a much more experienced colleague who’d been haggling with a defense attorney all morning. It was a heated discussion, firing on all cylinders. Two people couldn’t have been at greater odds. So it was surprising when both attorneys, after the fact, decided to grab lunch together.

I don’t expect all opposing counsels will want to break bread after a heated debate, but I was struck by the similarities in the context of the 20-or-so students that I’d been charged to lead. There were lots of passionate opinions, but respectful ones nonetheless. And when it comes down to it, respect is the most important as we work with our peers.  It was nice to see that same feeling reflected during the first day of law school. The students at DePaul are embarking on a great journey, and they all seem headed in a great direction. I felt privileged to be just a small part of it.

Talking to your kids about their sports heroes

August 19, 2015 by Ken Levinson Leave a Comment

Searching for truth in the Patrick Kane saga

By now everyone knows the news about Patrick Kane, the Chicago Blackhawks star wingman. Kane is currently under investigation for sexual assault and it didn’t take long for the rumors to spread like wildfire. Over the weekend, I counted dozens of editorial commentaries posted on social media, regurgitating a variation of the same information. That’s not counting local TV and ESPN, either, which was, at times, indulging murky details on an-almost hourly basis.

New information this week from Kane’s driver, an off-duty police officer, suggested he saw no inappropriate contact between Kane and the victim on the night in question. Once again, Kane’s loyalists came to his defense and his detractors went into frenzy. The loyalists (in many ridiculous harangues) ridiculed the accuser as an opportunist; the detractors called the driver’s claim a cover-up. Rumor after rumor, innuendo after innuendo.

My three sons and I are big sports fans. We root for the Bears, no matter how futile they may be. We cheer for the Bulls, no matter how much I long for the Jordan days (coincidentally, MJ has been in court as part of his lawsuit against Dominick’s). We root for the Cubs, who are finally becoming relevant again. And, of course, we cheer for the Blackhawks. This past season we watched proudly as Kane, Patrick Sharp, Marion Hossa and Coach Q hoisted the fabled Stanley Cup on center ice. We watched players make appearances on late night TV. We watched as the team showered in heaps of confetti, and we watched them—for all intents and purposes—turn into bonafide heroes.

These so-called heroes figure prominently for my sons and for other kids around the country. So I was only mildly surprised when, last week, my 10-year-old mentioned Patrick Kane and the words “sexual assault” and “rape” in the same sentence. With all the chatter out there, it seemed inevitable. It was also surreal to hear him speak in “adult” terms.

I’ve handled hundreds of cases in my career, and from the moment we begin the litigation process our objective always centers on the facts; we dismiss speculation because, in the end, only facts matter. The court of public opinion, however, has different standards. Truth is a matter of perception. And for the most ardent Blackhawks fans in this situation, as is clear in some nasty commentary levied against the accuser, it’s also a matter of misguided selfishness. The contention of many Blackhawks fans, if only to win more Stanley Cups, is that Kane is innocent. For others, Kane is as guilty as Ray Rice, where the evidence was indisputable.

It’s hard to reserve judgment. I don’t presume to know the facts of the case. I’m certainly not diminishing its severity. Maybe the bigger issue is how we choose to talk about it, and what our kids are bound to learn in the throes of a 24-hour news cycle. When I spoke with my son about his perception of the case, we tried not to dwell on speculation. I treated him the way I would any client and/or lawyer: Facts first. The truth is what matters.

I’m not sure what happened at Patrick Kane’s home near Buffalo. I’m not sure if he’s innocent or guilty. I’m not sure if he’ll be in a Blackhawks uniform next winter. But I’m sure my son’s thinking about it. As a parent, the best I can do is to make sure he’s thinking about it the right way.

University of Illinois damage control far from ideal

August 6, 2015 by Ken Levinson Leave a Comment

Library-Taft-sculpture-HDR
Main Library on the University of Illinois at Urbana-Champaign campus. Photo by: Herbert J. Brant

The U. of I. is grappling with a party school label. Is it time for offense or defense? The university should be doing both.

On Monday I received an email with an attention-grabbing headline declaring the University of Illinois the number one party school in the country, courtesy of the Princeton Review’s college rankings. I’d say kudos but as the Chicago Tribune pointed out, the distinction seems pretty dubious. If anything, using the label “party school” is a less obvious way of saying something like “binge drinkers.” I’ve never known that to be a compliment.

Others apparently feel the same. U. of I.’s PR machine went into damage control not long after the college rankings were unveiled. School spokeswoman Robin Kaler was quoted by the Associated Press, saying U. of I. students “are serious, they are hard-working, and to try to present them as being somehow irresponsible is insulting.” U. of I.’s Chancellor Phyllis Wise said much of the same, telling USA Today, “This is not a scientifically based ranking. It’s a promotion for The Princeton Review.” Wise announced her resignation as chancellor yesterday afternoon.

Frankly, I was surprised to hear the U. of I. go all-out on offense.

Each year the Princeton Review unveils its annual rankings as broad sample sizes of the collegiate ecosystem. And each year, the party designation draws gratuitous attention to one lucky or unlucky school, depending on the perspective. The Review gathers information from tens of thousands of students to assemble its rankings, leaving tons of room for ambiguity and what most consider a flawed estimation of a school’s culture. I wouldn’t presume to think the U. of I., the University of Iowa, or the University of Wisconsin (top 3 in the rankings) are so-called “party” schools, but I also wouldn’t be quick to dismiss it as a reflection of a flawed system, however flawed it may be.

The U. of I. does not want a poll to pigeon hole its students, many of whom are more than likely hard-working and dedicated. Still, if perception is reality, a more objective approach might be to consider what students from around the country are apparently saying. This isn’t about having to admit to a suspect label; it’s about taking better control of the situation.

The subtext as it pertains to trial lawyers, especially firms that specialize in injury matters, is particularly troubling when it comes to safety. While school administrators are hard at work crafting carefully worded statements and ostensibly discrediting the Princeton Review’s methodology, a disgruntled parent or student may be thinking of how the ramifications may play out on campus. Should the parents’ worst nightmare come to fruition, they may also wonder how it plays out in a courtroom.

Imagine this hypothetical: A mother’s 18-year-old son dies of alcohol poisoning while pledging a fraternity. The mother claims negligence, citing that the school failed to protect her son even though the school knew of an exorbitant amount of injuries to students as a result of underage drinking and hazing. And here’s another: A young woman is the victim of a sexual assault on campus and the police report says that alcohol was a contributing factor, just days after the school’s been ranked the number one party school in the country. It doesn’t take a lawyer to draw certain conclusion for a jury; the media will take care of that.

The next annual ranking is less than 52 weeks away. The U. of I. and any other “party school” may want to acknowledge beforehand that, when it comes to party culture, the school is prepared to go on offense and a bit of defense.

Ken Levinson Presents on Child Injury Lawsuits

March 22, 2015 by Ken Levinson Leave a Comment

Ken Levinson, Levinson and Stefani

Today, I am joining a national group of trial lawyers gathered in Las Vegas, NV, to teach them about handling cases with children injured in motor vehicle crashes.  My presentation, “Maximizing Damages for the Child Plaintiff,” will focus on strategies that attorneys can use in all stages of child injury litigation.

I am honored to once again join top auto-accident attorneys from around the country for Auto Crash Litigation 3.0, put on by Advocacy360.  The conference agenda can be found here.

Levinson Teaches Trial Lawyers About Visuals and Animations in Trial

February 27, 2015 by Ken Levinson Leave a Comment

Ken Levinson Presenting to Trial Lawyers
Ken Levinson Presents to a Group of Lawyers at the American Association for Justice Winter Convention

A very big thank you to my friends at the American Association for Justice for inviting me to speak at the Winter Convention in Palm Springs!  I certainly enjoyed the escape from the Chicago snow!

My presentation to the trial lawyers was about successfully using demonstrative evidence to tell our clients’ stories at trial.  In particular, I showed the group of attorneys how and why animation and other visuals work to better communicate with a jury.

One of my favorite examples of using demonstrative evidence is in a personal injury trial, where the jury listens to a doctor talk in great detail about a patient’s surgeries.   Instead of doctor relaying a dry, dense operative report, we have the technology to create 3D animations of the medical procedure being performed.  In addition, the animation can incorporate the image of the injured person – even the location of the injuries, if in a car or at a park, for example. Showing a jury this information in an exciting, new way helps to build credibility and show the seriousness of your client’s injuries.

Thanks again to the AAJ, and to all the great lawyers at the Convention!

Levinson to Speak to Trial Lawyers at National Convention

February 23, 2015 by Ken Levinson Leave a Comment

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Showing – rather than telling – members of the jury is not as easy as it may seem.  At the American Association for Justice Winter Convention, I will be showing other trial lawyers how to better connect with juries by using visuals beyond text and photographs.

If you’ll be there, I welcome you to attend the Advocacy Track: Demonstrative Evidence CLE program on Wednesday, February 25, 2015. My presentation, Using Animations & Other Visuals to Tell the Story, will show attendees creative, effective ways to present persuasive visual evidence at trial.

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