CONTENTS

Articles

* 129th Annual Meeting provides new experience

* Roll call: 80,000 attorneys!

* New dues plan has automatic payment options

* Flora officer battles rural drug problem

* McDonnell earns general practice honor

* Four Laureates among 50-year members

* The opportunity to serve

* Annual Meeting seminars cover wide range of issues

* Judge Gillis is speaker at YLD luncheon June 2

* YLD golf day is benefit for kids in courts

* 2005 Law Ed Series Seminars

* Profoundly deaf lawyers' ranks double this month

* Motivating diverse generations is bar leadership goal

* Rockford firm enjoined from UPL activity

* Trust Fund to make grants

* Military personnel face post-service work limits

* Tee time for bar outings

* Mock trial team needs volunteers

* Sunday Runners open season

* Survive? or Thrive! Solos, Small Firms plan program

* Adult guardianship training scheduled

* Mediation skills training series begins

* June 8 is deadline for fall CLE plans

* Now you can call it 'The Savvy Abbey!'

Features

* On the web at www.isba.org

* Capitol chronicle

* Attributions

* Hearsay

* Responsibility

* Circuit shorts

* Honoraria

* The Lawyer's Office

* Seminars

* Language tips

* Associations

* Transition

* Epilogue

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sinnock, William B. Smith, Allen R. Steinberg, Irving Stenn, Asher Stern, Fred J. Stoesser, Robert C. Strodel, Marshall A. Susler;

John S. Tasch, Joseph A. Tecson, Frank R. Thienpont, Creed D. Tucker, Vincent Vaccarello, Philip Ward Jr., A. Denison Weaver, Robert C. Westrick, James E. Whelton.

Corrections or omissions should be reported in writing to the office of the ISBA Executive Director, Illinois Bar Center, 424 S. Second St., Springfield, Ill. 62701.

The opportunity to serve

Rockford attorney Thomas S. Johnson (right), who was inducted April 7 as a Laureate of the ISBA Academy of Illinois Lawyers, provided these remarks on behalf of the class at the luncheon ceremony in Chicago.

* * *

I am a bar association junkie. Getting an award like this is a little bit like being given a prize as the boy on the block who ate the most fudge. I like fudge. My fellow Laureates feel the same way: Having the opportunity to serve has been sufficient honor in itself.

Gene Pavalon was honored to lead our nation's trial lawyers. Kimball Anderson was honored to work on behalf of death row inmates. Joe Bartylak was honored to defend the legal aid movement.

Lionel Brazen was honored to serve on the Board of Governors. Diane Geraghty was honored to lead the civil liberties union. Carol Hansen Posegate was honored to leave her fingerprints on every good cause worth doing down there on Mr. Lincoln's prairie. Public service, like virtue, is its own reward.

And yet, we accept this recognition anyway, not for ourselves but as trustees in a fiduciary capacity: on behalf of our co-workers, on behalf of the death penalty project, on behalf of the civil liberties union, on behalf of the trial lawyers association, on behalf of the legal aid movement, on behalf of all lawyers of good will who believe in the efficacy of hard work and good causes, on behalf of bar association junkies everywhere.

When Cheryl Niro founded this Academy, she had difficulty convincing many of us that the lawyers of Illinois needed yet another organization, yet another series of awards. The men and women she proposed to recognize didn't need any more recognition, we told her. There was no room on their office walls for yet another plaque.

She quickly responded that it wasn't about them.

The purpose of the Academy of Illinois Lawyers was, and is, not merely to recognize some of the senior members of our profession but rather to pass their stories along to the newest members of our profession - believing that a lawyer's public service obligation is taught not by precept, but by example.

There has been a common theme to those stories over the years. All of the Laureates have had some success in their day jobs, of course, but that's not why they were chosen.

They were chosen for what some might be tempted to characterize as their extracurricular activities, but which are not extracurricular at all ­ not service above and beyond the call of duty, but a very real part of our call to duty, part of our call to the bar.

When we first became lawyers ­ when we raised our right hands and promised to preserve and protect the Constitution ­ we were reminded that the practice of law is a public trust, and we had a vivid sense of the nobility of this ancient and honorable profession.

But then The opportunity to serve day after day and year after year ­ distractions occurred and that noble vision began to dim. We became preoccupied with the day-to-day routines of our practice: the insatiable demand for billable hours; the minutiae of routine, sometimes tedious legal tasks, repeated day after day, year after year.

And yet, once in a while, we are given a chance to strike a blow for freedom. Once in a while, we are given a chance to improve the administration of justice. Once in a while, we are given a chance to change the law under which 12 million people live and work.

And more often than not, those opportunities come not in the day-to-day practice of law, but rather through the work of the organized bar - precisely the sort of activities we celebrate today.

Among the most meaningful of these activities ­ where the need for private bar support has never been greater - is the legal aid movement in Illinois.

The most recent survey of the legal needs of low-income Illinoisans concludes that our state's legal aid system is overburdened and underfunded. the most critical cases are accepted. Tens of thousands are turned away each year.

That's why it is so fitting that Joe Bartylak is being recognized today. In his own quiet and unassuming way, he has been the guiding spirit of the legal aid movement in Illinois for more than 50 years.

By telling his story, we honor the hundreds of legal aid lawyers who work tirelessly for very little pay and even less recognition, reaching out to their brothers and sisters in need.

When we think of him, and of them, we think also of another lawyer at another time. His name was Ives of Brittany. He worked only for the poor. In the hagiography of the Roman Catholic Church, he is declared to be a patron saint of lawyers, and Professor John Wigmore said of him:

"He was declared a saint in heaven because he served the poor and the powerless on earth ... he pursued his career as an ordinary man, amidst the same conditions that surround any lawyer, and any judge, at any time, in any country. Go ye therefore and do likewise."

Annual Meeting seminars cover wide range of issues

Three ISBA Law Ed Series seminars will be offered on Friday, June 17, during the Annual Meeting at The Abbey on Lake Geneva.

Highlights include a Homeland Security and non-resident deportation component of a general practice update, tips on maximizing damages and common defenses in a tort law update, and a focus on the elderly client in a family law update. Program summaries follow.

General Practice Update

Presented from 8:45 a.m. to 4:15 p.m. by the General Practice, Solo and Small Firm Section with co-sponsorship by the Family Law, Criminal Justice, Tort Law, and Civil Practice and Procedure Sections and the Young Lawyers Division.

8:45 a.m. - Electronic Discovery, with John L. Nisivaco of Lavin & Nisivaco, Chicago.

9:30 a.m. - Review and Discussion of Technological Issues, speaker to be announced.

10 a.m. - Update on Criminal Law, with Matthew A. Maloney of Pierson, Maloney & Rayfield, Princeton.

10:30 a.m. - Criminal Records Relief, speaker to be announced.

11 a.m. - Update on Family Law, speaker to be announced.

1 p.m. - Update on Real Estate Law, with John G. O'Brien of Arlington Heights.

1:30 p.m. - Update on Changes to the Bankruptcy Code, with Judge Jacqueline P. Cox of U.S. Bankruptcy Court for the Northern District.

2 p.m. - Update on Probate Issues, with James F. Dunneback of Orland Park.

2:45 p.m. - Update on Topics in Professional Responsibility and Attorney Discipline, with Rosalyn B. Kaplan of the Attorney Registration and Disciplinary Commission, Chicago.

3:15 p.m. - Update on Tort and Insurance Litigation Issues, with Karen M. Enright of Winters, Enright, Salzetta & O'Brien and David J. Roe of Clausen Miller, both of Chicago.

3:45 p.m. - Update on the USA Patriot Act and Other Homeland Security Developments, speaker to be announced.

Tort Law Update

Presented from 9 a.m. to 4 p.m. by the Tort Law Section.

9 a.m. - Welcome and Introduction by moderator Martin A. Dolan of Dolan & Shannon, Chicago.

9:15 a.m. - Premises Liability, with Karen M. Enright of Winters, Enright, Salzetta & O'Brien, Chicago.

9:40 a.m. - Uninsured and Under-insured Motorist Cases, with David J. Roe of Clausen Miller, Chicago.

10:05 a.m. - Current Product Liability Issues, with John R. Wrona of Gardiner, Kock & Weisberg, Chicago.

10:40 a.m. - Courtroom and Discovery Technology, with Albert E. Durkin of the Nolan Law Group, Chicago.

11:05 a.m. - Liens, with Mark A. Rouleau of Rockford.

11:30 a.m. - Medical Malpractice, 6-222 Affidavits and Tort Reform, with John L. Nisivaco of Lavin & Nisivaco, Chicago.

1:15 p.m. - Respondents in Discovery and Request to Admit, with James T. Jackson of Samuels, Miller, Schroeder, Jackson & Sly, Decatur.

1:40 p.m. - Rule 213(f)(2) and (f)(3) Updates. with Cook County Judge Dennis J. Burke of Chicago.

2:05 p.m. - Common Defenses, with Robert T. Park of Snyder, Park & Nelson, Rock Island.

2:30 p.m. - New and Pending Legislation, with Mark L. Karno of Chicago.

3:05 p.m. - Trends in Tort Law, with Steven B. Levy of Naperville.

3:30 p.m. - Maximizing Damages, with Kevin G. Burke of Burke, Mahoney & Wise, Chicago.

3:55 p.m. - Closing Statements, with Martin Dolan.

Family Law Update

Family Law for the Elderly Client, presented from 9 a.m. to 4:15 p.m. by the Family Law Section. Moderators are Gregory A. Scott of Scott & Scott, Springfield, and Roza B. Gossage of Belleville.

9 a.m. - The Dying Client in Dissolution Matters: Do You Proceed or Not? with Howard W. Feldman and Kelli E. Hillis of Feldman, Wasser, Draper & Benson, Springfield.

9:45 a.m. - Pensions and the Elderly Divorce Client, with William J. Scott Jr. of Beck, Houlihan & Scott, Wheaton.

10:45 a.m. - Legislative Update, with Adrienne W. Albrecht of Sacks, Albrecht & Gubbins, Kankakee.

11:15 a.m. - Special Needs Trust, Use of Said Trust and/or Annuities in Planning for the Elderly Client, with Janna S. Dutton of Chicago.

1 p.m. - Transfers Between Spouses: Look-back Rules and the Impoverished Spouse, Medicaid and Medicare, How to Advise Your Clients, with Steven C. Perlis of the Elder Law Office of Stevedn C. Perlis & Associates, Arlington Heights.

2 p.m. - Case Law Update, with Enrico J. Mirabelli of Nadler, Pritikin & Mirabelli, Chicago.

3 p.m. - Retirement: How Does It Affect Your Support and Maintenance Obligations, with Timothy M. Daw of Schiller, DuCanto & Fleck, Wheaton

3:45 p.m. - Top 10 Worst and Best Stories Regarding Elder Clients, with Alan Pearlman of Northbrook and Pamela J. Kuzniar of Kalcheim, Schatz & Berger, Deerfield.

Judge Gillis is speaker at YLD luncheon June 2

A luncheon discussion with Cook County Associate Judge Susan Fox Gillis has been scheduled by the Young Lawyers Division at 12 noon Thursday, June 2, in the ISBA Chicago Regional Office.

Judge Gillis, a past president of the Women's Bar Association of Illinois and the Lawyers' Assistance Program, will provide tips on courtroom etiquette and explain the process of applying for appointment as an associate judge.

Participants may bring their own lunches to the program, but box lunches will be available by advance request for $10 each. Attendance is free, but space is limited, so early registration is suggested.

To register or order a box lunch, contact Phyllis Lester at plester@isba.org or (312) 726-8775. The ISBA will provide coffee and soft drinks.

Current YLD officers are Robert L. Gamrath, chair; Dennis J. Beninato, vice chair, and Ryan M. Henderson, secretary. Newsletter editors are Eric P. Hanson, Anthony A. Jacobs, Benna R. Lehrer and Brendan G. O'Connor.

YLD golf day is benefit for kids in courts

The sign-up deadline for the ISBA Young Lawyers Division Inaugural Golf Classic for the Illinois Bar Foundation Children's Assistance Fund has been extended until Friday, June 24.

The event on Tuesday, July 26, at Indian Lakes Resort, Bloomingdale, includes a 7:30 a.m. breakfast, 9 a.m. shotgun start, and 2:30 p.m. dinner and auction. Reservations are $150 per person and $600 per foursome. Proceeds will help furnish supervised courthouse waiting rooms for children of litigants.

For general information, call Gina M. Arquilla at (312) 322-0701. To inquire about tax-deductible sponsorships, call Bob Capuani at (312) 735-5977 or Kelley Gandurski at (312) 742-3903. Registration forms may be completed online at www.golfinvite.com/isba.

Traffic Court Conference slated June 2-3 at Bradley

The 40th annual Illinois Traffic Court Conference, co-sponsored by the ISBA Traffic Laws and Courts Section and Cook County Judicial Advisory Council, will take place Thursday and Friday, June 2-3, at Bradley University, Peoria.

Jerome A. Zienty of Addison, a section council member, will open the two-day program at 10:30 a.m. Thursday with introductions. The first-day schedule follows.

10:45 a.m. - Black Box Technology and Accident Reconstruction: A Case, with Michael A. DiTallo of Dynamic Safety, Vernon Hills.

12:15 p.m. - Luncheon will be provided.

1:15 p.m. - Introductions and Remarks by George Burnetti of Libertyville.

1:30 p.m. - New and Pending Litigation, with Jerome Zienty.

2 p.m. - The Science of Toxicology, with Christopher Long, director of toxicology at the St. Louis County Medical Examiner's Office.

At 4:15 p.m., the conference will adjourn for the 6 p.m. reception and dinner at the Hotel Pere Marquette. The Friday schedule follows.

9 a.m. - Welcoming Remarks and Introductions by Chief Judge Joahn A. Barra of the 10th Circuit, Bradley University President David C. Broski and G. William Richards of Aurora.

9:15 a.m. - DUI and Summary Suspension, a panel discussion moderated by Edward M. Maloney of Ahern, Maloney & Moran, Skokie, the section newsletter co-editor.

Panelists are 18th Circuit Judge Mark W. Dwyer of Wheaton and Thomas M. Moran of Ahern, Maloney & Moran, both members of the section council, and Charles W. Smith of Smith & La Luzerne, Waukegan.

11:30 a.m. - Truck Enforcement, with Stephen J. Connolly of Connolly, Ekl & Williams, Clarendon Hills, and Elburn Police Chief James Linane.

12:15 p.m. - Luncheon will be provided.

1:15 p.m. - 2004-05 Traffic Related Decision, with Cook County Judge Daniel M. Locallo of Chicago, a member of the ISBA Criminal Justice Section Council. The conference will adjourn at 2:30 p.m.

Registration fees of $65, through May 27, and $75 thereafter include conference materials, two continental breakfasts, two lunches, reception and dinner, and optional university housing for two nights. The Illinois Supreme Court has approved judicial education credits for judges who attend.

For registration details and other information, call Charmin Hibberd, director of conference facilities at Bradley, (309) 677-3056.

MacCarthy will share expertise on trial skills

Federal Defender Terence F. MacCarthy will present his acclaimed colloquy, "Trial Techniques: Cross Examination and Impeachment," for the Illinois State Bar Association on Friday, June 3, in the UBS Tower Conference Center, Chicago.

Called by many the Defender of the Century, MacCarthy has lectured in all 50 states and several countries. His ISBA Law Ed Series seminar last fall earned a near-perfect rating of 4.975 from registered participants.

A Laureate of the ISBA Academy of Illinois Lawyers, MacCarthy was praised for "one of the best how-to and what-to-do programs I have attended in all of my legal career" by one attendee. "This guy is a master," said another.

Although the program ran 30 minutes over schedule, nobody left early. "Kept me in my seat for the entire day," was a typical evaluation.

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