CONTENTS

Articles

* Transfer of law practice issues get court scrutiny

* General Practice seminar to open fall CLE series

* ISBA conference to help lawyers

* Board elects officers, fills three vacancies

* Rule 23 review scheduled

* Easy ISBA access with new card

* Trial technique classes resume Sept. 14 in CRO

* Criminal dispositions, consequences are seminar topics

* Fraud issues in health care aired Sept. 17

* Readmission sought

* Human Rights Department officials explain procedures

* SIU Law promotes Whitfield to associate dean position

* Family Law Section plans updates Sept. 27, Oct. 4

* Board to meet Oct. 8 in Galena

* Reservations may be made to 50-year honors lunch Sept. 9

* 2004 SENIOR COUNSELLORS

* Probation training topic is collaborative justice

* D.C. admission trip planned

* Bar Foundation plans annual Gala, Peoria reception

* ISBA co-sponsors Humanities Fest program on Iraq

* Attorneys help churches minister to poor, homeless

* Juvenile Justice panelist on Oct. 15 to air research about young sex offenders

* ISBA group joins ABA conference on international law

* New laws secure jobs, rights of guard, reserve personnel

* Young Lawyers set Dec. 3 date for benefit reception

* Putnam County: Small cadre of big-hearted lawyers

* 'Illinois Motions in Limine' is subject's first resource

* Motions in limine clarified, Lane-Lee guidebook praised

* Law enforcement officers receive ISBA appreciation

* Murder investigators honored

* Paralegal group conducts seminar

* Fay Clayton earns Elmer Gertz Award

* Civil rights organization to present awards Aug. 17

* ABA honors SIU's professionalism series

* ISBA leaders selected for Law Bulletin 40 under 40

* ACLU dinner slated Oct. 2

 

Features

* On the web at www.isba.org

* Capitol chronicle

* Attributions

* Hearsay

* Circuit shorts

* Responsibility

* Bon voyage

* Language tips

* Associations

* Epilogue

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CONTENTS

Articles

* Transfer of law practice issues get court scrutiny

* General Practice seminar to open fall CLE series

* ISBA conference to help lawyers

* Board elects officers, fills three vacancies

* Rule 23 review scheduled

* Easy ISBA access with new card

* Trial technique classes resume Sept. 14 in CRO

* Criminal dispositions, consequences are seminar topics

* Fraud issues in health care aired Sept. 17

* Readmission sought

* Human Rights Department officials explain procedures

* SIU Law promotes Whitfield to associate dean position

* Family Law Section plans updates Sept. 27, Oct. 4

* Board to meet Oct. 8 in Galena

* Reservations may be made to 50-year honors lunch Sept. 9

* 2004 SENIOR COUNSELLORS

* Probation training topic is collaborative justice

* D.C. admission trip planned

* Bar Foundation plans annual Gala, Peoria reception

* ISBA co-sponsors Humanities Fest program on Iraq

* Attorneys help churches minister to poor, homeless

* Juvenile Justice panelist on Oct. 15 to air research about young sex offenders

* ISBA group joins ABA conference on international law

* New laws secure jobs, rights of guard, reserve personnel

* Young Lawyers set Dec. 3 date for benefit reception

* Putnam County: Small cadre of big-hearted lawyers

* 'Illinois Motions in Limine' is subject's first resource

* Motions in limine clarified, Lane-Lee guidebook praised

* Law enforcement officers receive ISBA appreciation

* Murder investigators honored

* Paralegal group conducts seminar

* Fay Clayton earns Elmer Gertz Award

* Civil rights organization to present awards Aug. 17

* ABA honors SIU's professionalism series

* ISBA leaders selected for Law Bulletin 40 under 40

* ACLU dinner slated Oct. 2

 

Features

* On the web at www.isba.org

* Capitol chronicle

* Attributions

* Hearsay

* Circuit shorts

* Responsibility

* Bon voyage

* Language tips

* Associations

* Epilogue

A partner in Robinson, Curley & Clayton since 1989, the honoree has received several previous awards, including the Edwin A. Rothschild Civil Liberties Award from the American Civil Liberties Union of Illinois in 2002.

She also has earned the Bella Abzug Woman of Honor Award from Chicago NOW, the C. Lalor Burdick Award from the National Abortion Federation, and the Abraham Lincoln Marovitz Civil Rights Award from the Anti-Defamation League.

First in her class of 1978 at the Chicago-Kent College of Law, Clayton was a judicial extern to federal judge Prentice Marshall. She has served on the adjunct law faculty at Chicago-Kent and Northwestern University, and the faculty of the National Institute for Trial Advocacy.

Clayton is past president of the Chicago Lawyers' Committee for Civil Rights Under Law and a director and Midwest Region co-chair of the national organization. She has served on the boards of ACLU, Planned Parenthood, the Fund for Justice and the Chicago Foundation for Women.

A member of the Governor's Transition Team for Civil Rights Enforcement in 2002-03, she is a hearing officer for the Chicago Commission on Human Relations and an arbitrator for the National Association of Securities Dealers.

The Gertz Award is given each year to an Illinois attorney who exemplifies the commitment by former Chicago attorney Elmer Gertz to the advancement of individual rights and civil liberties.

A past president of the Blind Service Association who died in April 2000, Gertz was awarded a posthumous Medal of Merit in May 2000 by the ISBA Board of Governors in recognition of his exemplary accomplishments.

Previous recipients of the Gertz Award are Chicago attorney Gregory A. Adamski, John Marshall Law School Prof. Ralph Ruebner, and Victor Stone of the University of Illinois College of Law faculty.

For additional information, call ISBA general counsel Mary T. McDermott in the Chicago Regional Office, (312) 726-8775.

Civil rights organization to present awards Aug. 17

Chicago attorneys Judson H. Miner of Miner, Barnhill & Galland and Maryanne C. Woo of Sachnoff & Weaver will be honored Tuesday, Aug. 17, during the 35th annual meeting of the Chicago Lawyers' Committee for Civil Rights Under Law.

Chicago Tribune columnist Clarence Page will be keynote speaker at the luncheon, which will begin at 11:30 a.m. with a reception in the Grand Ballroom of the Palmer House Hilton Hotel.

Miner will receive the Edwin A. Rothschild Award for Lifetime Achievement in Civil Rights. Woo will be recognized as Outstanding Young Lawyer of 2004.

Pro Bono Awards will be presented to the law firms of Robinson, Curley & Clayton and Gessler, Hughes, Socol, Piers, Resnick & Dym. The McDonald's Corp. will receive a Corporate Leadership Award, and Studs Terkel will get special recognition.

The Chicago Lawyers' Committee, a cooperative pro bono effort of leading law firms, logs more than 20,000 hours of donated professional services each year toward civil rights issues involving poverty, segregation, insufficient public services and other barriers to opportunity.

The organization was founded in 1969 by Albert E. Jenner Jr. of Jenner & Block, who was president of the Illinois State Bar Association in 1949-50; Richard F. Babcock and Edwin A. Rothschild.

For luncheon reservations or other information, call (312) 630-9744.

ABA honors SIU's professionalism series

The Southern Illinois University School of Law has received a 2004 E. Smythe Gambrell Professionalism Award of $3,500 from the American Bar Association Committee on Professionalism.

The award was presented Aug. 6 at a joint luncheon of the National Association of Bar Executives, the National Conference of Bar Presidents, and the National Conference of Bar Foundations during the ABA annual meeting in Atlanta.

The Gambrell Awards have been presented annually since 1991 by the committee to recognize law schools, bar associations, law firms and not-for-profit organizations for projects that enhance professionalism among lawyers.

First-year SIU law students are introduced to professionalism issues in a career development workshop series that provides information and guidance on ethics and professional competence.

Competence building includes ways for students to understand time management, to prepare for and take law school exams, and to improve oral arguments in appellate and trial courts.

The workshops include a Professional Responsibility Day, during which the SIU law and medical students discuss hypothetical situations that raise critical issues in both professions.

The class drafts a Statement of Professional Commitment, to which students pledge adherence during an induction ceremony attended by the local bench and bar. Professionalism training continues into the second and third years.

SIU Law Dean Peter C. Alexander accepted the Gambrell Award, calling it "a great honor for the school of law and for the faculty members who have put a lot of time and thought into creating the professional development series."

The program, which has completed its fourth year, "gets students to think of themselves as legal professionals from the very first day they arrive here," Alexander pointed out.

"They don't wait until they have passed the bar exam, and are licensed, to think of themselves as having obligations to the profession and the public. We like our students to think that they have those obligations from the moment they enter the school."

Alexander said he hopes to put the $3,500 prize, which accompanies the award, back into the professionalism development workshop series.

"I'm really excited that the ABA has recognized the significance of our program," said Alice Noble-Allgire, an associate law professor who serves on the ISBA Committee on Women and the Law and the Committee on Minority and Women Participation.

"It is very gratifying to have the ABA, which represents the practice of law, saying, 'Yes, this is what law students need to know.'" The program is designed to expose students to what will be expected of them professionally in a "very structured and systematic way," Noble-Allgire said.

Many students "know the idea of being a lawyer, but they don't really know what the profession is about," she added. This is what this program is designed to do."

ISBA leaders selected for Law Bulletin 40 under 40

Michele M. Jochner of Chicago, a member of the ISBA Board of Governors, is one of "40 Illinois Attorneys Under 40 to Watch" that have been selected by Law Bulletin Publishing Co. and recognized in a special publication.

Law clerk to Chief Justice Mary Ann G. McMorrow of the Illinois Supreme Court, Jochner is past chair of the ISBA General Practice, Solo and Small Firm Section Council and newsletter co-editor for the Bench and Bar Section Council.

Also a member of the board's Committee on Scope and Correlation and the Special Committee on Mentoring, she has received seven Lincoln Legal Writing Contest Awards.

A role model for other young attorneys, Jochner "has accomplished more in her legal career than many of us could hope to accomplish in a lifetime," one nominator told the Law Bulletin's selection committee.

ISBA Second Vice President Irene F. Bahr added that "as an author, lecturer and teacher of law, she has earned the respect of her peers and has served as an inspiration to other young attorneys to aspire to the highest levels of excellence."

Also on the "40 Under 40" list is Michael J. Hanahan of Schiff Hardin, Chicago, chair of the ISBA Committee on Bar Services and Activities.

A representative to the ISBA Law Student Division during his three years at the Loyola University School of Law, he was one of the division's liaisons to law students in three states for several years.

Hanahan was cited for his expertise in prosecuting, defending and negotiating construction claims involving architects, engineers, contractors and property owners.

According to Kevin E. O'Reilly of the ISBA Board of Governors, "he has a demeanor and disposition that makes him a pleasure to work with and against. He practices law the way it should be practiced."

Shawn S. Kasserman, a past chair of the ISBA Young Lawyers Division who serves on the Task Force on the Unauthorized Practice of Law, was selected for the "40 Under 40" list.

A partner in Corboy & Demetrio, Chicago, he was praised by a judge for his civility and collegiality in the courtroom, and for treating others with respect, dignity and fairness. "The approach is constant, and seems to hold true whether he is winning or losing, advocating or criticizing."

Phillip J. Mohr, who just completed a term on the ISBA Assembly, was cited by Law Bulletin for his dedication as "the overworked director of family law" for the Chicago Volunteer Legal Services Foundation.

"His commitment to CVLS and the working poor that it serves is nothing short of amazing," said board president Geoffrey Vance. "He is paid too little, works too hard and does not get nearly the amount of credit he deserves."

ACLU dinner slated Oct. 2

The American Civil Liberties Union of Illinois and its Roger Baldwin Foundation will honor eight individuals during its annual Celebrate the Bill of Rights dinner on Saturday, Oct. 2.

The black-tie-optional event, at which Morris Dees of the Southern Poverty Law Center will be keynote speaker, will take place in the Crystal Ballroom of the Hyatt Regency Hotel, Chicago. A 6 p.m. reception and silent auction will precede the 7 p.m. dinner.

Edwin A. Rothschild Awards will be presented to Jack L. Block of Sachnoff & Weaver and Martin R. Castro of Seyfarth Shaw. Receiving Roger Baldwin Awards are Irwin J. Askow of Tenney & Bentley, a member of the ACLU Advisory Board, and Lois J. Lipton of the AT&T Law Department.

Mary Morten will receive a John R. Hammell Award, and Annetta Dieckman Awards will be given to Esther Saks and advisory board members Judy Gaynor and Alan Saks.

OntheWebatisba.org

Now two choices for online CLE

ISBA's on-site Law Ed programs are among the nation's best bargains in continuing education, but don't you wish sometimes that you could attend the program without having to travel? Travel means time away from the office, parking fees, and the general wear, tear, and expense of taking to the road. Wouldn't it be great to listen to CLE programs and access course materials from your home or office computer?

In fact, ISBA members have had access to online CLE for years, and thanks to a recent partnership with Seattle-based Taecan.com, they have even more offerings to choose from.

Taecan.com joins law.com as an ISBA online CLE partner, meaning that ISBA members get special discounts for selected programs. Both providers use streaming audio format, meaning that you don't need an expensive, high-bandwidth Internet connection to access presentations online.

Courses are available in a range of practice areas, including family, tort, criminal, real estate, and business law. They vary in length from less than an hour to more than four hours and are priced accordingly.

For more about ISBA's online CLE offerings, go to <http://www.isba.org/ lawed.asp>, or visit the ISBA homepage at <www.isba.org> and click on "Online CLE" on the maroon left-hand navigation bar.

Capitolchronice

By Jim Covington

Director of Legislative Affairs

Governor Blagojevich has signed the following bills into new public acts.

Uninsured and underinsured insurance. Public Act 93-762 (Molaro, D-Chicago; Jacobs, D-Moline) would allow injured drivers and passengers to receive the full amount of their underinsured insurance for collisions that are not their fault when they involve underinsured motorists. If the damages exceed the amount of liability coverage that the at-fault driver carries, it would allow those with underinsured motorist coverage to bridge the gap with their own underinsured motorist coverage. It applies to policies issued or renewed on or after Dec. 1, 2004.

It also mitigates Lee v. John Deere Ins. Co., 208 Ill.2d 38, 802 NE2d 774 (2003) in which the Supreme Court of Illinois refused to allow the use of a supplemental form to indicate the applicant's selection or rejection of additional uninsured-underinsured motorist coverage. Senate Bill 2238 provides that the insured may reject additional coverage in excess of the limits set forth in the Illinois Vehicle Code by making a written request for limits of uninsured motorist coverage that are less than bodily injury liability limits or a written rejection of limits in excess of those required by law. Effective July 16, 2004.

Standby adoption. Public Act 93-732 (Currie, D-Chicago; Jacqueline Collins, D-Chicago) expands the standby adoption statute by deleting the current requirement that limits its use only if a parent is terminally ill. Effective Jan. 1, 2005.

Debit authorization for child support. Public Act 93-736 (Soto, D-Chicago; Martinez, D-Chicago) allows the voluntary debit of accounts of obligors who do not qualify for orders for withholding. Effective July 14, 2004.

Bail bond hearing. Public Act 93-817 (Maloney, D-Chicago; Chapa LaVia, D-Chicago) provides that upon the filing of a written request demonstrating "reasonable cause," the state's attorney may request a source of bail hearing either before or after the posting of any funds. If the hearing is granted, before the posting of any bail, the accused must file a written notice requesting that the court conduct a source of bail hearing. It also establishes criteria that the court must consider at the hearing. Effective July 27, 2004.

Illinois Anatomical Gift Act. Public Act 93-794 (Obama, D-Chicago; Sacia, R-Pecatonica) rewrites and renames the Illinois Anatomical Gift Act. This is the work product of the Organ Donation Task Force as created by PA 92-349. Senate Bill 1412 attempts to consolidate and integrate the existing statutes governing organ and tissue donations into one comprehensive statute. Effective July 22, 2004.

Income tax information and child support. Public Act 93-835 (Nekritz, D-Des Plaines; Harmon, D-Oak Park) gives the Illinois Department of Public Aid, state's attorneys, and the Attorney General the right to access income tax returns to assist in the collection of child support. Effective July 29, 2004.

Tax refund intercepts. Public Act 93-836 (Bradley, D-Chicago; Martinez, D-Chicago) allows the clerks to collect their annual fees for child support collection by tax refund intercepts as long as it does not interfere with the collection of child support. Effective Jan. 1, 2005.

Domestic battery. Public Act 809 (Poe, R-Springfield; Lightford, D-Chicago) requires a mandatory minimum sentence of 72 consecutive hours of imprisonment for a second or subsequent conviction of domestic battery. Effective Jan. 1, 2005.

No contact orders. Public Act 93-811 (Fritchey, D-Chicago; Obama, D-Chicago) amends the Civil No Contact Order Act to do a number of things, including (1) broadly defining "stay away," (2) relieves the circuit clerks from the responsibility of assisting with the completion of the forms, and (3) authorizes the court to appoint an attorney for the petitioner if the respondent appears with an attorney. Effective Jan. 1, 2005.

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