CONTENTS

Articles

* Election issue

* Senate passes proposal to expand Attorney Act for action against UPL

* Chief justice requests more funds for courts

* Legal service network funding added

* Champaign CASA plans active year

* Law Student Award forms face April 15 deadline

* Lawyer's Workshop May 3 features corporate panel

* Water, wastewater exec to speak at May 5 lunch

* Child reps to be certified

* Juvenile law forum May 2

* Board meets April 4, May 16

* Mental Health Law Day program slated May 14

* Cable topic is school law

* Bar Foundation is named verdict's cy pres receiver

* April showers add CLE hours

* HUD proposal 'devastating' to real estate practice

* Vote! It's your right

* Candidates

* Fed e-filing rules aired

* Advising a growing business takes skill

* Ag law panel covers field of subjects

* Civil practice seminar offers tips on getting to trial

* MBA concepts enhance legal ability

* Liability lurks in managed case

* Gertz nominees are due June 2

* Award deadlines approach

* CARPLS office moves in April

* If Mrs. O'Leary's cow didn't start the fire, who did?

* Purple Heart medal arrives 60 years later for Horsley

* Court wary of tech abuse

 

Features

* Capitol chronicle

* Hearsay

* The ISBA docket

* Honoraria

* Seminars

* Curriculum

* Associations

* Epilogue

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CONTENTS

Articles

* Election issue

* Senate passes proposal to expand Attorney Act for action against UPL

* Chief justice requests more funds for courts

* Legal service network funding added

* Champaign CASA plans active year

* Law Student Award forms face April 15 deadline

* Lawyer's Workshop May 3 features corporate panel

* Water, wastewater exec to speak at May 5 lunch

* Child reps to be certified

* Juvenile law forum May 2

* Board meets April 4, May 16

* Mental Health Law Day program slated May 14

* Cable topic is school law

* Bar Foundation is named verdict's cy pres receiver

* April showers add CLE hours

* HUD proposal 'devastating' to real estate practice

* Vote! It's your right

* Candidates

* Fed e-filing rules aired

* Advising a growing business takes skill

* Ag law panel covers field of subjects

* Civil practice seminar offers tips on getting to trial

* MBA concepts enhance legal ability

* Liability lurks in managed case

* Gertz nominees are due June 2

* Award deadlines approach

* CARPLS office moves in April

* If Mrs. O'Leary's cow didn't start the fire, who did?

* Purple Heart medal arrives 60 years later for Horsley

* Court wary of tech abuse

Features

* Capitol chronicle

* Hearsay

* The ISBA docket

* Honoraria

* Seminars

* Curriculum

* Associations

* Epilogue

 

present. Legal writings/presentations: Chapter author for ISBA Family Law Handbook (Enforcement of Child Support) and Family Law newsletter. Frequent lecturer and moderator for Illinois State Bar Association, Peoria County Bar Association, and Illinois Institute of Continuing Legal Education on family law, and related presentations.

Board of Governors Area VI (7th, 8th, 9th Circuits)

1 to be elected


HOWARD W. FELDMAN, Springfield. Incumbent. Senior partner, Feldman, Wasser, Draper & Benson. Trial and appellate practice. Purdue University, 1968; Indiana University (Bloomington), J.D. 1973. Admitted: Illinois Supreme Court, 1973; U.S. Supreme Court; U. S. Court of Appeals, Seventh Circuit; U.S. Court for the Central, Southern and Northern District (trial bar). Member ISBA since 1973; Board of Governors since 2000; Assembly member 1988-1994 and 1996-2000; chair, Administrative Law Section Council. Member, General Practice Section Council; Individual Rights & Responsibilities; Budget Committee, Family Law Section Council. Fellow, Academy of Matrimonial Lawyers 2002. ISSUE STATEMENT: Recently, ISBA has aggressively pursued those untrained to serve as legal representatives by prosecuting the unauthorized practice of law. A special committee was established in 2002 to address this issue. Now a standing committee, it will be part of the continuing effort by ISBA to educate the public on the importance of using licensed attorneys. The public must continually be reminded of the distinction between using a licensed attorney and of filling in the blanks from a purchased CD ROM form or using some document circulated on the Internet. During the next few years, I believe the Illinois Supreme Court will be confronted with new initiatives regulating legal practice. The American Bar Association's initiative on multidisciplinary practice was only defeated by a commitment of those who oppose this new modern version of the legal practice. In the near future, the Supreme Court shall adopt proposals of mandatory CLE, as well as some version of financial responsibility and multijurisdictional practice. The ISBA's input into those programs is critical. Finally, I strongly support the ongoing initiative for a Supreme Court rule to allow the sale/transfer of solo practices. I believe it is critical that we have an active bar association committed to helping not only the citizens, but also our profession.

Board of Governors Area VIII (3rd & 20th Circuits)

1 to be elected


DENNIS J. ORSEY, Granite City. Age 48. Graduated University of Illinois with a B.A. with high honors in 1976; received law degree from Southern Illinois University School of Law in 1979, where he received the John S. Rendleman Award as Outstanding Senior Law Student and served as Student Bar Association president. Spent five years in general private practice with an Alton law firm. From 1984-1995, served as assistant Illinois attorney general and director of the Attorney General's Granite City Regional Office, which serviced an eight-county area. In 1995, established general practice firm in Granite City. Serves as deputy general counsel for the Illinois Public Pension Fund Association and was assistant Madison County state's attorney from 1996-2000. For the past 13 years he has served as a member of the adjunct facility at Southwestern Illinois College teaching business law. Past president of the Madison County (1992-1993) and Tri-City Bar (1987) associations. Member of the ISBA Assembly (1988-1994; 1996-2001) and is Fellow of the Illinois Bar Foundation. Elected to co-chair the ISBA Task Force for Disaster Relief and received the John C. McAndrews Pro Bono Service Award. From 1992-1998, he was a charter board member of the Illinois Pro Bono Center. In 1997, he received the ISBA Community Service Award. Currently a member of the Public Relations (chair, 1997-98), Bar Services and Activities, and Judicial Evaluations committees, and has been a member of the Alternative Dispute Resolution, Environmental, and General Practice section councils. He has coordinated the People's Law School program in Madison County for numerous years and participates in the Madison County Pro Bono Project through Land of Lincoln Legal Assistance Foundation, Inc. He resides in Glen Carbon with his wife, Catherine, and son, Matthew.

CONTESTED


Assembly ­ Cook County 23 to be elected - 3 year terms


KIMBERLY J. ANDERSON, Chicago

PATRICE BALL-REED, Chicago

DENNIS J. BENINATO, Chicago

STEPHAN D. BLANDIN, Chicago

WILLIAM J. "BILL" BORAH, Chicago

SAM F. CANNIZZARO, Chicago

CHRISTOPHER P. CARR, Chicago

GLORIA G. COCO, Chicago

ANITA M. DeCARLO, Chicago

KAREN J. DIMOND, Chicago

AL DURKIN, Chicago

SCOTT E. ENCHER, Chicago

ANTHONY M. FARACE, Chicago

MICHAEL V. FAVIA, Chicago

JOHN L. FIOTI, Chicago

EUGENE F. FRIEDMAN, Chicago

SAMANTHA L. FRIEL, Chicago

GREGG A. GAROFALO, Chicago

JAMES GOLDBERG, Chicago

BURTON A. GROSS, Chicago

RICHARD S. GUTOF, Skokie

JULIA E. JENSEN, Park Ridge

EDWARD R. JORDAN, Chicago

MARK L. KARNO, Chicago

STEPHEN G. KEHOE, Chicago

RICHARD JOHN KRAKOWSKI, Chicago

JOHN G. LOCALLO, Chicago

ADELA C. LUCCHESI, Chicago

EDWARD "TED" McNABOLA, Chicago

MARY L. MILANO, Chicago

NICHOLAS T. MOTHERWAY, Chicago

MATTHEW M. RUNDIO, Chicago

JOHN P. SCANLON, Chicago

REGINA A. SCANNICCHIO, Chicago

JAMES L. SCHWARTZ, Chicago

JULIE ANN SEBASTIAN, Chicago

FRANK A. SOMMARIO, Chicago

LETITIA "TISH" SPUNAR-SHEATS, Chicago

MARJAN PETER STANIEC, Chicago

LEE J. VASILATOS, Chicago

Fed e-filing rules aired

The future of electronic filing in federal bankruptcy courts will be outlined during an ISBA Law Ed Series seminar that will take place Friday, April 25, at the Radisson Hotel, Bloomington.

The Commercial, Banking and Bankruptcy Law Section will present the morning program, "Paperless Proceedings: Required Electronic Filing in Bankruptcies and Case Law Updates," from 8:30 a.m. to 12 noon.

At 11 a.m., Judge Gerald D. Fines of U.S. Bankruptcy Court for the Central District in Danville and assistant U.S. trustee James L. Magill of Peoria will discuss perspectives on required electronic filing.

The seminar coordinator is section council vice chair Jeffrey D. Richardson of Tietz & Richardson, Decatur. The moderator, section council chair Lewis F. Matuszewich of Chmiel & Matuszewich, Chicago, will open the program with introductions. The schedule follows.

8:40 a.m. ­ Commercial Law Update, with James W. Evans of Evans, Froehlich, Beth & Chambley, Champaign.

9:40 a.m. ­ Banking Law Update, with section council member Timothy J. Howard of Howard & Howard, Peoria.

10:30 a.m. - Bankruptcy Law Update, with Mariann Pogge of Springfield.

Advising a growing business takes skill

Maintaining representation of a business client who is growing rapidly in size and scope may pose a dilemma to the lawyer who has counseled an entrepreneur since day one.

The ISBA Corporation, Securities and Business Law Section will present a seminar Wednesday, May 7, in the Chicago Regional Office that will address some of the challenges of advising a growing business entity.

"Your Client Is Growing Larger: How Do You Take It to the Next Level?" will feature Prof. Charles W. "Bud" Murdock of the Loyola University School of Law as moderator of an illuminating program coordinated by Chicago attorney John T. Doyle. Both are members of the section council.

The seminar will begin at 9 a.m. with introductory remarks by section council chair David E. Doyle of Chicago. The morning program will be devoted to Practical and Legal Issues Affecting Your Client at the Formation Stage. The schedule follows.

9:05 a.m. ­ Organize the Legal Affairs of Your Client's Business Correctly, with David R. Sinn of Heyl, Royster, Voelker & Allen, Peoria.

9:35 a.m. ­ What Are the Key Issues and Documents in Organizing Your Client's Business? with section council member William A. Price, an adjunct professor of high technology entrepreneurship at the Illinois Institute of Technology, Wheaton.

10:30 a.m. ­ How Do You Protect a Client's Proprietary Rights, Trade Secrets and Other Intellectual Property? with William L. Schaller of Baker & McKenzie, Chicago.

11:20 a.m. ­ What Are Your Client's Alternatives with Respect to Financing Future Growth? with section council member Gene A. Petersen of Husch & Eppenberger, Peoria.

After the 11:50 a.m. luncheon break, the seminar will resume with afternoon sessions on Practical and Legal Issues Affecting Your Client as It Grows and Expands. The schedule follows.

12:45 p.m. ­ What Issues Are Triggered by Raising Private Equity for Growth Capital? with section council member Nancy Fallon-Houle of Downers Grove.

1:20 p.m. ­ Raising Private Equity: Venture Capital Financing, with section council past chair Zane M. Cohn of Chicago.

1:45 p.m. ­ Negotiating the Sale of Your Client's Company for Shares of a Publicly Held Acquirer, with section council member Robert J. Wild of Mayer, Brown, Rowe & Maw, Chicago.

2:15 p.m. ­ Your Client Wants to Go Public and Conduct an IPO, with section council member Robert C. Knuepfer Jr. of Baker & McKenzie, Chicago.

3:20 p.m. ­ Your Business Client Is Growing Large: How Do You Retain Your Client's Business? The panel discussion, moderated by Murdock, includes Cohn, David Doyle, Fallon-Houle, Knuepfer, Petersen, Price and Wild.

The program will conclude with a question-and-answer session from 4 to 5 p.m.

Ag law panel covers field of subjects

"Covering the Field" is the title of an ISBA Agricultural Law Section seminar that will be presented from 9 a.m. to 4 p.m. Friday, April 25, in the Illinois Department of Agriculture auditorium, Springfield.

Program coordinator and moderator is section council chair Paul J. Evans of Evans & Pawloski, O'Fallon. The schedule follows.

9 a.m. ­ Township Law, with John W. Foltz of Glasgow & Foltz, Monticello.

9:45 a.m. ­ Genetically Modified Crops, with section council member Donald L. Uchtmann of the University of Illinois, Urbana.

10:45 a.m. ­ Illinois Grain Code and Agricultural Production Contract Code, with section council secretary James R. Grebe of Hasselberg, Williams, Grebe & Snodgrass, Peoria.

11:30 a.m. ­ Mediation Program with the Department of Agriculture, with Donald C. Hammer of Hayes, Hammer, Miles, Cox & Ginzkey, Bloomington.

12 noon ­ Luncheon break.

1 p.m. ­ Professional Responsibility Issues for Estate Planners, with William H. Pokorney Jr. of Pokorney & Associates, Oak Brook.

1:55 p.m. ­ Ethics for Estate Planners, with Drake H. Zimmerman of First Allied Securities, Zimmerman & Armstrong Investment Advisors, Normal.

2:30 p.m. ­ Current Update on the U.S. Department of Agriculture Programs, speaker to be announced.

3:15 p.m. ­ Financing Options Through Rural Development, with Douglas Wilson, state director for USDA Rural Development, Champaign.

Civil practice seminar offers tips on getting to trial

Two spring seminars of the ISBA Civil Practice and Procedure Section this month will concentrate on considerations and strategies for "Getting to Trial."

The afternoon programs will be presented from 1 to 4:50 p.m. Thursday, April 24, at the Holiday Inn, Collinsville, and Friday, April 25, in the concourse level auditorium of the James R. Thompson Center, Chicago.

Program coordinator is Appellate Justice Richard P. Goldenhersh of Belleville, chair of the section council, who also is moderator for the Collinsville seminar. The moderator in Chicago is section council secretary Robert H. Hanaford of Chicago. The schedule follows.

1 p.m. ­ Getting the Right Defendants: Misnomers, Service, Tolling. Liz Heller-Goldenberg of Miller, Heller & Antognoli, Edwardsville (Collinsville), and John L. Nisivaco of Lavin & Nisivaco, Chicago (Chicago).

1:25 p.m. ­ Getting the Right Place: Jurisdiction, Venue, Forum non Conveniens, Remand. Roy Dripps of The Lakin Law Firm, Wood River (Collinsville), and Debra B. Walker of Clausen Miller, Chicago (Chicago).

1:50 p.m. ­ Getting the Facts: Discovery, Request to Admit, Out-of-State or Out-of-County Witnesses. Edward J. Szewczyk of Callis, Papa, Jackstadt & Halloran, Chicago (Collinsville), and William J. Borah of Homewood (Chicago).

2:30 p.m. ­ Rule 213: The Saga Continues. J. Michael Weilmuenster of Weilmuenster & Wigginton, Belleville (Collinsville), and Cook County Judge Lynn M. Egan of Chicago (Chicago).

2:55 p.m. ­ There Must Be a Way Out of This Place: Dispositive Motions, 615, 619, 1005. Michael J. Nester of Donovan, Rose, Nester & Joley, Belleville (Collinsville), and Robert A. Chapman of Chicago (Chicago).

3:20 p.m. ­ Settlement: Liens, Right of Subrogation, Good Faith Findings, Set-offs. Judy L. Cates of Carr Korein Tillery, Belleville (Collinsville), and Daniel M. Kotin of Corboy & Demetrio, Chicago (Chicago).

3:45 p.m. ­ Class Action Aspects. Stephen M. Tillery of Carr Korein Tillery, Belleville (Collinsville only).

4 p.m. ­ There's Got to Be Another Way: ADR in Your Practice. Scott Carfello of Chicago (Chicago only).

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