Passing the bar and becoming a lawyer is a great accomplishment. Your first year as a practicing attorney can be very stressful and at times intimidating. Luckily, most bar associations have divisions or committees dedicated to supporting young lawyers.

The primary goal of taking a deposition is to obtain information. You want to find what the witness knows, allow them to speak under oath, and preserve their testimony. That can be a difficult task if you encounter a witness who is reserved or is reluctant to answer questions. Both first time and experienced deponents can present difficulties for attorneys questioning them. Below are some strategies to consider if you find yourself questioning a witness who is not eager to participate in the deposition.

A variety of circumstances can arise that would preclude an expert witness from testifying at trial. Experts tend to get excluded in federal court for one of two reasons: either the witness disclosure does not comply with the requirements under the Federal Rules of Civil Procedure, or the expert fails to meet the standards for admissibility set forth in the Federal Rules of Evidence. At times, more unique circumstances arise that can prevent an expert witness from testifying. In Noffsinger v. Valspar Corp., the retained expert witness died prior to trial. No. 09 C 916, 2013 U.S. Dist. LEXIS 203349 (N.D. Ill. Jan. 4, 2013).[1] In another case, an expert witness experienced a serious personal health crisis and could no longer testify. Dunkin’ Donuts Inc. v. N.A.S.T., No. 02 C 1272, 2005 U.S. Dist. LEXIS 16703 (N.D. Ill. Aug. 10, 2005). The expert witness in Vincent v. Omniflight Helicopters Inc., chose to withdraw when he was proven to have provided false information in his report. No. 08-C-0572, 2009 U.S. Dist. LEXIS 117966 (E.D. Wis. Nov. 24, 2009).

Often, those who have sustained an injury can suffer more than just physical harm. Mental pain and suffering in connection with a harm, is a proper element of damages where it is the natural and proximate consequence of the injury. The applicable jury instruction for emotional distress in civil cases can be located in the Illinois Jury Pattern Instructions, Civil 30.05.01 (I.P.I. 30.05.01). It states “Measure of Damages – Emotional Distress – Past and Future. The emotional distress experienced [and reasonably certain to be experienced in the future.]” Illinois precedent indicates that emotional damages are distinct from pain and suffering and can be claimed in addition to those damages as a separate line-item jury instruction. The comment to I.P.I. 30.05.01 cites several cases that support this proposition including Babikian v. Mruz. In that case, the plaintiff endured multiple surgeries and hospitalizations as a result of complications from medical negligence, and subsequently suffered a decline in her mental health. 2011 IL App (1st) 102579. The plaintiff then sought treatment from psychologists and psychiatrists. The First District Appeals Court affirmed the verdict for the plaintiff in a medical malpractice action with separate line items for pain and suffering and emotional distress, explicitly finding that emotional distress damages are available to prevailing plaintiffs in cases involving personal torts such as medical negligence.

upskirt video

Chicago February 19, 2021 David A. Axelrod and Associates, P.C. filed a civil lawsuit in Cook County late Thursday afternoon against a South Suburban restaurant owner accusing him of using a covert, shoe camera to secretly shoot video up the skirts of eight female employees without their knowledge. The Complaint alleged that most were teenagers including a 14-year-old girl. The plaintiffs’ lawyers say a hard drive seized by Illinois State Police from the defendant’s Frankfort restaurant contains deleted files that have recently been retrieved by their forensic expert. They say the files contain more than 24,000 photographs and videos that appear to be taken over a decade of covert filming up the skirts of many young women.  

hammer and law books

The coronavirus (COVID-19) did not and does not stop us from working for you.  

Here at, David A. Axelrod & Associates, P.C., we’ve adapted to the changes caused by temporary court closures, keeping the protection of our staff, clients, and families in mind.  Through it all, we’ve remained available for your needs. 

Our continued work has resulted in our entering into a confidential $2.5 million settlement in a medical malpractice case.

Surgeons performing surgery in an operating room.

Ambulatory surgery centers (ASCs) were originally designed to offer patients an alternative to traditional hospitals for minor surgical procedures. These centers typically offer the convenience of same day, outpatient services, and are generally able to perform procedures at a lower cost. While services vary by center, they may perform a myriad of procedures ranging from tonsillectomies and colonoscopies to complex joint replacements and spinal surgeries.

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