1:45 p.m. Irrevocable Insurance Trusts, with section council member Philip E. Koenig of Konecky, Koenig, Kutsunis & Weng. Rock Island; changes that require second looks, and considerations for termination.
2:45 p.m. Pet Trusts, with section council member Michael C. Wiedel of Wiedel, Hudzik, Russ & Philipp, Downers Grove; new legislation, and practical advice on drafting and implementation.
3:05 p.m. Starker (Section 1031) Exchanges, with Hugh E. Pollard of the ATG Trust Co., Chicago; helping clients build wealth through deferral of capital gains taxes on the sale of real estate held for investment.
Sullivan shares practical skills
Paul J. Sullivan of Peoria has more than 17 years experience in the day-to-day operations of a law office, with expertise in financial management, human resources issues, facilities management and technology. The office administrator for Quinn, Johnston, Henderson & Pretorius, he is an adjunct consultant with Olmstead and Associates, a legal management consulting firm.
Sullivan frequently writes for legal management publications and is a regular participant in ISBA programs on law office operations. His articles on related subjects will appear in future issues of the ISBA Bar News.
A member of the ISBA Law Office Management and Economics (Standing Committe on) Council, he is a charter member and past president of the Central Illinois chapter of the Association of Legal Administrators, and vice president of its cyber chapter. He is a member of the Illinois Central College Paralegal Advisory Board and the Peoria Area Economic Development Council board
ISBA cable programs cover Brown decision
The historic school desegregation decision of a half-century ago will be the subject of discussion during a pair of ISBA cable television programs during September. October program topics include understanding the courts and finding attorneys.
Part I of "The Legacy of Brown v. Board of Education" will be broadcast at 10 p.m. Tuesday, Sept. 21, on Chicago Access Network channel 21. Part II will air Sept. 28 in the same time slot.
One of the panelists, Timuel D. Black Jr. is the author of "Bridges of Memory: Chicago's First Wave of Black Migration," an oral history published by Northwestern University Press. He is a professor emeritus of City Colleges of Chicago.
Other panelists are 1st District Appellate Justice Ellis E. Reid and Cook County Judge Sophia H. Hall. Cheryl Cesario of The John Marshall Law School, a member of the ISBA Committee on Cable Television Programming, will be moderator of the program.
Two more ISBA cable television programs are scheduled at 10 p.m. Tuesdays in October. Cheryl Cesario is the moderator for both.
"A Judges' Guide to the Courts" will be broadcast Oct. 5 and 19. Speakers are Presiding Cook County Judges Paul P. Biebel of the Criminal Division, E. Kenneth Wright of the 1st Municipal District, and Shelley Sutker-Dermer of the 2nd Municipal District.
"How to Find and Work with Attorneys" will be aired Oct. 12 and 26. Panelists are Margaret C. Benson, executive director of Chicago Volunteer Legal Services Foundation; James F. Dunneback of Orland Park, past chair of the General Practice, Solo and Small Firm Section Council, and Laura N. Ashmore of Lake, Toback & Yavitz.
Monico to wield auctioneer gavel for Oct. 1 Gala
Chicago attorney Michael D. Monico will reprise his glib performances as auctioneer during the Illinois Bar Foundation's annual Gala dinner dance Friday, Oct. 1, at the Four Seasons Hotel, Chicago.
Both live and silent auctions will be conducted, and a gourmet dinner is planned. Auction items include a Seabourn Cruise, an American Airlines/Four Seasons trip to Hawaii, and a Cubby Bear rooftop party for 25 baseball fans.
Other Gala highlights include the presentation of the Distinguished Award for Excellence to Joseph A. Power Jr., a partner in Power, Rogers & Smith, Chicago.
ISBA past presidents Leonard F. Amari and Herb Franks have signed on as honorary chairs of the event, which is headed by Bar Foundation board members Enrico J. Mirabelli, a member of the ISBA Board of Governors, and Christine M. Ory.
For more information on the annual benefit, opportunities for making financial contributions, or providing items for the auctions, call executive director Susan M. Lewers at (312) 726-6072.
Fellows to honor Mikva at December breakfast
Former congressman and federal judge Abner Mikva will be inducted as an Honorary Fellow of the Illinois Bar Foundation during a breakfast at 8 a.m. Friday, Dec. 10, at the Sheraton Chicago Hotel, where the ISBA Midyear Meeting will be conducted.
Currently a visiting professor at the University of Chicago, Mikva is an arbitrator and mediator for the JAMS dispute resolution firm. Honorary Fellows are distinguished lawyers whose professional and public careers set examples to which others may aspire.
YLD reception is scheduled Dec. 3
ISBA Young Lawyers Division will hold its annual holiday party, a benefit for the Children's Assistance Program, from 6 to 10 p.m. Friday, Dec. 3, at Joe's Sports Bar, 940 W. Weed St., Chicago.
The cost to attend is only $35 per person, but additional contributions of any size are appreciated. Tax-deductible checks should be made payable to IBF/ Children's Assistance Fund.
For more information, or to make a donation that will be acknowledged at the benefit, contact ISBA Assembly and YLD Council member Gregg A. Garafalo at (312) 286-5440 or gregg@garofalolaw.com.
The event last year raised $20,000 toward maintaining supervised courthouse waiting rooms for children of litigants and witnesses, and providing toys, books and games to pass the time until their parents and caregivers return from the courtrooms.
DiVito lauds useful text on limine motions
By Gino L. DiVito
At last! A practical book providing useful guidance about an essential tool of trial lawyers.
Motions in limine are made in virtually every case of consequence that is taken to trial. For that reason, advice on trial advocacy invariably exhorts the use of such motions.
Yet until now, there has been no practical guide for Illinois trial lawyers concerning the law and practice relating to these motions, designed to obtain pre-trial evidentiary rulings that control the admission or exclusion of evidence during trial.
"Illinois Motions in Limine," written by Scott D. Lane and Stephanie Hoit Lee and published by Litigation One Publishing, fills that void (ISBA Bar News, August 2004, page 20).
The book is a useful guide that includes the authors' sample motions and suggestions on numerous motions in limine, including relevant pro-and-con case law, along with an accompanying CD-ROM of actual motions submitted by leading Illinois trial lawyers on both sides of the civil and criminal aisle for adaptation to fit the practitioner's needs.
There are chapters that address evidence that is prejudicial or irrelevant. Others give guidance on writings and physical evidence; tests and scientific evidence; character evidence; the range of issues that arise with witnesses generally, such as privilege, hearsay, and improper opinions.
There are chapters that offer guidance about discovery practices as well as those related to trial presentation. And there is a lengthy chapter on motions related specifically to personal injury cases.
In addition, "Illinois Motions in Limine" offers a handy table of statutory authorities - with citations to Illinois statutes, Illinois Supreme Court Rules, and the Federal Rules of Evidence - that enables the user to quickly access a relevant chapter. A useful word index serves the same purpose.
Kudos to Mr. Lane and Ms. Lee for a long overdue and most practical work, one that is recommended for the library of trial lawyers throughout the state.
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Gino DiVito, a partner in the Chicago firm of Tabet, DiVito & Rothstein, is a retired appellate justice and former member of the ISBA Board of Governors. He has taught trial advocacy at the Loyola University School of Law and other venues for many years.
"Illinois Motions in Limine," the book and CD-ROM package, is priced at $129.95. For inquiries or order information, contact the publisher at (888) 577-3771 or www.litigationone.com.
The Lawyers' Assistance Program will conduct its annual dinner and award presentations on Friday, Oct. 22, in the Empire Room of the Palmer House Hilton Hotel, Chicago.
Complete details will be announced in the October issue of the ISBA Bar News. For reservation information, call executive director Janet Piper Voss at (312) 726-6607 or access www.IllinoisLAP.org.
The Lawyers' Assistance Program was established 24 years ago by the Illinois State and Chicago Bar Associations to provide counseling and interventions for the attorney or judge whose performance is impaired by substance abuse.
American Bar Association President Robert J. Grey Jr. of Richmond, Va., will speak during a Peoria County Bar Association diversity luncheon at 12 noon Monday, Sept. 20, at the Hotel Pere Marquette.
The event calls attention to the efforts of a new Peoria County Bar committee, chaired by ISBA past president Timothy L. Bertschy of Heyl, Royster, Voelker & Allen, that is reaching out to minority lawyers to encourage diversity in the membership of the organization.
Also a commemoration of the 50th anniversary of the Brown v. Board of Education decision, the luncheon will be attended by the bench and bar, leaders in the education, religion and business communities, and high school, college and law school students.
For reservations at $20 per person, call executive director Linda Raineri at the bar association office, (309) 674-6049. The diversity luncheon is partially underwritten by an ISBA Affiliated Bar Program grant of $750.
Political activity of reserve, guard personnel is limited
The ISBA Committee on Military Affairs has received this timely information from Army Major Joseph Baar Topinka, an Illinoisan who is chief of the Administrative and Civil Law Division of the Staff Judge Advocate at Fort Drum, N.Y.
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In light of the upcoming elections, and with the two national political conventions fresh in the minds of many, there has been increasing interest in the political activities of Reserve and National Guard personnel who have been activated and deployed.
These individuals are now on active duty, and therefore Department of Defense Directive 1344.10 applies to them in regard to political conduct.
In general, according to the directive, military personnel can register to vote and to express their personal opinions on political candidates and issues, but not as representatives of the armed forces.
They may make monetary contributions to political organizations and attend partisan and non-partisan political meetings or rallies as spectators, when not in uniform.
However, they cannot use official authority or influence for interfering with an election, for affecting the course or outcome of an election, for soliciting votes for a particular candidate or issue, or for requiring or soliciting political contributions from others.
They also cannot participate in partisan political management, campaigns or conventions, nor can they make campaign contributions to other members of the armed forces or employees of the federal government.
Among one of the more significant prohibitions on military personnel is that one cannot be a candidate for or hold civil office, except in only certain, limited situations. This includes holding office in the government of a state like Illinois. This can be a particular problem for those elected officials who are also members of the Reserve and National Guard.
The Department of Defense directive was recently updated as of Aug. 2. According to the updated version, any reservist under a call or order to active duty for 270 days or less may hold and exercise U.S. government civil office, providing that holding the position does not interfere with military service. If the order to active duty is for more than 270 days, one must adhere to the directive guidelines.
A reservist holding a state or local civil office, called or ordered to active duty for 270 days or less, may hold and exercise that office if there is no interference with military service. Reservists on active duty under orders for more than 270 days are permitted to hold state or local civil offices, but are prohibited from exercising any functions of the offices.
These prohibitions ensure that the military and partisan politics do not mix inappropriately, but clients who find themselves in such positions may come to civilian counsel with questions in regard to their rights. There are Internet resources that may be of help to private practitioners in addressing their clients' concerns.
The Federal Voting Assistance Program (FVAP) at www.fvap.gov is a great source for military personnel who need help in voting while deployed. The site has information about upcoming elections, forms to use to request absentee ballots, and points of contact if further assistance is needed.
This site is in addition to unit voting assistance officers who can provide one-on-one help to military personnel to ensure that they can exercise the right to vote.
The U.S. Department of Defense Standards of Conduct Office at www. defense link.mil/dodgc/defense_ethics also has many good references on the matter.
Finally, the Washington Headquarters Services, Executive Services and Communications Directorate, provides access to DOD Directives at www.dtic.mil/whs/directives.
Gertz Award to Clayton during Nov. 18 dinner
The Illinois State Bar Association's fourth annual Elmer Gertz Award will be presented Thursday, Nov. 18, to Fay Clayton of Robinson, Curley & Clayton, Chicago, during a luncheon in the 410 Club of the Wrigley Building.
Chicago attorney and alderman Edward Burke will be keynote speaker for the event, which is sponsored by the ISBA Individual Rights and Responsibilities Section and the Blind Service Association.
Tickets for the Gertz Award luncheon are $65 per person. Reservations with payment should be mailed to the Blind Service Association, Suite 1100, 22 W. Monroe St., Chicago 60603.
A past president of Blind Services who died in April 2000, Chicago attorney Elmer Gertz was awarded a posthumous Medal of Merit by the ISBA Board of Governors in recognition of his exemplary accomplishments.
The award in his name is given annually to an Illinois attorney who exemplifies his commitment to the advancement of individual rights and civil liberties.
Previous recipients 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.
Admission trip to Washington in June 2005
Reservations may be made for an ISBA-sponsored admission ceremony at the U.S. Supreme Court in June 2005. There are 50 places allotted to the ISBA for lawyers with at least three years of practice.
The schedule of activities planned by the ISBA Committee on Bar Services and Activities will begin at 6 p.m. Sunday, June 5, with a reception in the Willard Inter-Continental Hotel, where a block of rooms has been reserved.