CONTENTS

Articles

* Court-related initiatives to highlight Eaton's year

* PTAB exec makes case for curbing Rule 23

* ISBA throws book in with seminar fee

* Nov. 1 deadline nears for bar to nominate Laureates of Academy

* Assembly to elect a pair of ABA House delegates

* Christian County, Decatur lawyers meet with board

* ISBA distributes booklet for military and families

* December seminars listed

* MJP is not a new issue, but a millennium reality

* Just a decade ago

* Can attorney blow the whistle on terrorist client?

* Admission programs Nov. 8

* Real Estate Law Updates slated

* Arab American lawyers ask bar to support plan for protection, education

* Death penalty forum planned

* Apprendi impact to be aired

* Russian pianist doubles as lemon law attorney

* Wolfson to be LAP keynoter

* Trade with Americas discussed

* Legal aid lawyers to hear predatory lending remedies next month in St. Louis

* Herb Franks' bar service continues; so do awards

* CLE outlines due Nov. 2

* Juvenile justice handbook printed

Features

* Capitol chronicle

* Hearsay

* Responsibility

* Circuit shorts

* Bon voyage

* Seminars

* Language Tips

* Associations

* Epilogue

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CONTENTS

Articles

* Court-related initiatives to highlight Eaton's year

* PTAB exec makes case for curbing Rule 23

* ISBA throws book in with seminar fee

* Nov. 1 deadline nears for bar to nominate Laureates of Academy

* Assembly to elect a pair of ABA House delegates

* Christian County, Decatur lawyers meet with board

* ISBA distributes booklet for military and families

* December seminars listed

* MJP is not a new issue, but a millennium reality

* Just a decade ago

* Can attorney blow the whistle on terrorist client?

* Admission programs Nov. 8

* Real Estate Law Updates slated

* Arab American lawyers ask bar to support plan for protection, education

* Death penalty forum planned

* Apprendi impact to be aired

* Russian pianist doubles as lemon law attorney

* Wolfson to be LAP keynoter

* Trade with Americas discussed

* Legal aid lawyers to hear predatory lending remedies next month in St. Louis

* Herb Franks' bar service continues; so do awards

* CLE outlines due Nov. 2

* Juvenile justice handbook printed

* Supreme Court disciplinary orders: September 2001

 

Features

* Capitol chronicle

* Hearsay

* Responsibility

* Circuit shorts

* Bon voyage

* Seminars

* Language Tips

* Associations

* Epilogue

Dmitry Dmitrievich Shostakovich was a controversial figure, Feofanov recalls. "His work was very gloomy and dark, and he signed some very commie, rah-rah statements which many took at full-value," he said. "So I feel there was a dichotomy there.

"Our thesis was that, sure, he signed these pro-communist statements, but he had to," Feofanov said. "Otherwise they would have come with guns and taken him off to Siberia. It doesn't take a rocket scientist to figure that out."

Although Shostakovich's work was attacked by party members, and he promised to reform, he received the Order of Lenin in 1956, the Stalin Prize numerous times, and in 1966 became the first composer to become the Hero of Socialist Labor.

But now that the Soviet Union is no more, Feofanov expects to return to his native soil with his family when his son gets a little older. "I'm at home in Naperville," he said, "so it will be very strange to return to Moscow."

 

Wolfson to be LAP keynoter

Appellate Justice Warren D. Wolfson of Chicago will be the keynote speaker for the 21st annual dinner of the Lawyers' Assistance Program on Friday, Nov. 2, in the Empire Room of the Palmer House Hilton, Chicago.

The program will begin at 6 p.m. with an alcohol-free reception and music by the jazz combo, Diversity. Dinner will be served at 7 p.m. Call Jennifer Jones, (312) 726-6607, for reservations or more information.

A past president of LAP and recipient of its Carl H. Rolewick Award in 1993, Justice Wolfson is a 1957 graduate of the University of Illinois Law School. He was a Cook County Circuit Court judge from 1975 until 1994, when he was elevated to the Appellate Court.

Two LAP past presidents will be honored at the dinner. Patrick W. O'Brien of Mayer, Brown & Platt will receive the Carl H. Rolewick Award, and 10th Circuit Associate Judge E. Michael O'Brien, the John Powers Crowley Award. A Gratitude Award will be presented to ISBA staff liaison Patt Rexroad of Springfield.

Current LAP President is Sheila M. Murphy, of Rothschild, Barry & Myers, Chicago. Other officers are Vice Presidents Laura Otten Grahek and Rita Aliese Fry, Treasurer Norman E. Wilson, and Secretary John P. Nicoara.

A spiritual retreat for LAP officers, intervenors and friends will take place from Friday, Oct. 26, through Sunday, Oct. 28, at the St. Benedict's Abbey Retreat Center in Benet Lake, Wis.

 

Trade with Americas discussed

"Doing Business With the Americas," an ISBA International and Immigration Law Section Council seminar, will be conducted from 4 to 5:30 p.m. Tuesday, Nov. 13, at The John Marshall Law School.

Registration will begin at 3:45 p.m. The $10 fee includes handout material and light refreshments. Call (312) 726-8775 to register.

 

Legal aid lawyers to hear predatory lending remedies next month in St. Louis

A training session for legal assistance attorneys on predatory lending practices will be conducted Thursday and Friday, Nov. 15-16, in the Busch Student Center at St. Louis University.

Sponsors are the Land of Lincoln Legal Assistance Foundation and the St. Louis University School of Law, with funding from a federal court award.

The presentation will focus on legal claims and defenses to predatory loans including the Truth In Lending Act, Real Estate Settlement Procedures Act, Homeownership and Equity Protection Act, and unfair and deceptive practices statutes.

Elizabeth Renuart and John Rao, attorneys with the National Consumer Law Center who have written and trained extensively on this topic around the nation, will be the lead trainers.

They will use two case studies and actual loan documents to enable the trainees to spot the problems and determine the remedies. Special breakout groups will explore Missouri and Illinois state-specific laws and issues, including new regulations in Illinois.

The training program was made possible through a cy pres award from the case of Mangone v. First USA Bank in U.S. District Court for the Southern District of Illinois, by order of Judge Michael Reagan.

The plaintiffs' counsel, Carr, Korein, Tillery, Kunin, Montroy, Cates & Glass, designated Land of Lincoln as the recipient of unclaimed funds to be used by the East St. Louis office to promote consumer rights and education.

There is no charge for the training, but advance registration is required. Missouri CLE credit is available. To register or obtain a brochure about the program, contact Land of Lincoln at (618) 271-9140, ext. 217.

 

Herb Franks' bar service continues; so do awards

Past presidents of the Illinois State Bar Association don't just fade away after many years of service and leadership. For starters, all have ex officio status as members of the Board of Governors, and some fill ongoing roles on special committees and task forces.

Achievements of the current past president, Herb Franks of Marengo, continue to bring honor to his tenure and to keep his smiling face in the pages of the ISBA Bar News.

Franks will receive the annual Jurisprudence Award from the Chicago chapter of American ORT during a 5:30 p.m. reception Tuesday, Oct. 30, in the Standard Club. His good friend, comedian Shelley Berman, will provide a witty tribute.

Franks thus will join ISBA past presidents Fred Lane and Al Hofeld as recipients of the ORT honor. For reservations, call (312) 853-0484.

Last month, Franks received the L. Sanford Blustin Award from the North Suburban Bar Association (see photo), and he was elected a Fellow of the American Bar Association in August.

Franks also has been selected as one of five new members of the executive council of the 50-year-old National Conference of Bar Presidents. The only Illinoisan among the 15 at-large members of the council, he will serve until August 2004.

The NCBP, affiliated with the American Bar Association, consists of past, current and incoming presidents of state and local bar associations. The organization presents programs on professional issues and provides assistance on bar leadership issues.

 

CLE outlines due Nov. 2

The Committee on Continuing Legal Education will meet next month to review Law Ed Series seminar proposals for presentation from January to June. The deadline for sections and committees to submit proposals is Friday, Nov. 2.

Application forms and criteria may be obtained by calling the CLE registrar in the Illinois Bar Center, (800) 252-8908.

For complete information about current ISBA Law Ed Series seminars and registration details, see pages 12 and 13. The schedule includes:

Thursday, Oct. 18, 1:30-5 p.m. ­ Practical Considerations in Intellectual Property Disputes (Intellectual Property Section); ISBA Chicago Regional Office.

Friday, Oct. 19, 9 a.m.-5 p.m. ­ 2001 Federal Tax Conference (Federal Taxation Section); ISBA Chicago Regional Office.

Friday, Nov. 2, 9 a.m.-4:30 p.m. ­ Real Estate Law Update (Real Estate Law Section); Palmer House Hilton, Chicago.

Wednesday, Nov. 7 ­ A Good News Seminar on TIF: One of the Best Deals in Town Is Here to Stay (Local Government Law Section); ISBA Chicago Regional Office.

Friday, Nov. 9, 9 a.m.-4:30 p.m. ­ Real Estate Law Update (Real Estate Law Section); Radisson Hotel, Bloomington.

Monday, Nov. 12, 9 a.m.-12 noon ­ Sentencing Enhancement Issues in the Wake of Apprendi (Committee on Corrections and Sentencing); Radisson Hotel, Bloomington.

 

Juvenile justice handbook printed

The 2001 edition of practice handbook, "Illinois Juvenile Law and Practice," has been published by the Illinois Institute for Continuing Legal Education. For information, call (800) 252-8062.

Among authors of 18 handbook chapters are Kathryn Bischoff of Rockford, chair of the ISBA Child Law Section Council; Elizabeth E. Clarke of Evanston, vice chair of the section council, and council members Terence M. Madsen of Princeton and Catherine M. Ryan of Chicago.

 

Supreme Court disciplinary orders: September 2001

The Illinois Supreme Court filed the following disciplinary orders during its September term. Summaries are provided by the Attorney Registration and Disciplinary Commission.

VICTOR PARRA ARMENDARIZ, Maywood: Armendariz, who was licensed in 1988, was suspended for 60 days. He mishandled $2,320.46 in client settlement funds.

MARK ALAN ATKINS, Benton: Atkins, who was licensed in 1984, was disbarred on consent for misappropriating $15,000 entrusted to him to pay his personal injury client's medical provider. He had previously been suspended for converting client funds.

JEROLD WAYNE BARRINGER, Nokomis: Barringer, who was licensed in 1983, was censured. On behalf of a client, he filed a motion to substitute a judge that contained statements that he knew or should have known were false. Specifically, he made erroneous statements regarding the judge's application for a loan and further alleged that the judge had conducted an ex parte interview with his client's son when, in fact, no such interview had ever taken place.

BRUCE ALLEN BODE, Batavia: Bode, who was licensed in 1990, was suspended for one year and until further order of the court. He neglected to prepare estate plans for 10 different clients and then failed to cooperate with the disciplinary investigation after his clients filed grievances against him. He must pay restitution to five of the clients before seeking reinstatement.

JUAN LUIS BOLDIZSAR, Chicago: Boldizsar, who was licensed in 1995, was suspended for 18 months and until further order of court. He failed to manage diligently a foreclosure action on behalf of one client. In addition, he neglected a probate estate, failed to communicate with the estate executor about the whereabouts of property that had been sent to him for distribution to the legatees, and failed to distribute the property. He failed to appear at the disciplinary hearing.

JAMES A. BORRASSO, Highwood: Borrasso, who was licensed in 1984, was disbarred. He successfully defended Sandra Lopez after she had been charged with murdering her husband. During the course of that case, the two became romantically involved. Thereafter, he helped Lopez flee the country before she was indicted for home invasion. He arranged for her to leave the United States, sent her money, sold her condominium, acted as short-term guardian for her children, and arranged for her children to leave the country to meet their mother. There is an outstanding federal warrant for Lopez, and the whereabouts of the couple is unknown.

WILLIAM THOMAS JOSEPH BROOKS, Arvada, Colo.: Brooks was licensed in 1965 and admitted in Colorado in 1991. He had a long-standing affair with a married client, who was murdered by her husband in 1998. Brooks lied to authorities investigating the murder about the nature and length of the affair. The Colorado Supreme Court suspended him for nine months with conditions. The Illinois Supreme Court suspended him on a reciprocal basis for nine months subject to the conditions of his Colorado suspension.

PRISCILLA RHONDA DEE DIXON, Chicago: Dixon, who was licensed in 1985, was suspended for 60 days, with the suspension stayed by a period of probation with conditions for one year. While representing the seller of an automobile in a contract dispute, she telefaxed a misleading communication to her client about a hearing date, when she had never filed a complaint on his behalf, and thereafter, she neglected the matter and failed to communicate with the client.

EUGENE MARVIN FRESE, Alexandria, Va.: Frese was licensed in Nebraska in 1959 and in Illinois in 1963. He was disbarred in Nebraska after he pleaded guilty to criminal charges in Maryland stemming from his illegal control of 419 fraudulent credit card accounts, issued from 65 financial institutions, by using 50 false names. The Illinois Supreme Court disbarred him as reciprocal discipline.

STEVEN NEAL FRITZSHALL, Chicago: Fritzshall, who was licensed to practice in 1981, was suspended for 30 days. Between 1994 and 1996, he mishandled funds he was holding on behalf of clients or their medical providers and failed to maintain complete records for a client trust account.

DONALD BEDELLE FULLER, Minneapolis, Minn.: Fuller was licensed in Illinois in 1971 and in Minnesota in 1990. He was suspended indefinitely in Minnesota and must establish his mental fitness before he is reinstated. He improperly withdrew from the representation of a client, disclosed client confidences, and failed to disclose attorney fees in a bankruptcy proceeding. The Illinois Supreme Court suspended him until he is reinstated in Minnesota as reciprocal discipline.

THOMAS RICHARD GLASSON, Charleston: Glasson, who was licensed in 1991, was suspended for 18 months and until further order of the court. He misappropriated $8,700 from his law firm, mainly by diverting client fees. He was addicted to cocaine and alcohol, and he used the funds to buy cocaine. He also pleaded guilty to the offense of deceptive practices based upon his passing 29 bad checks totaling $2,880.61, drawn on a personal account.

RICK A. GLEASON, Chicago: Gleason, who was licensed in 1981, was suspended for three years with the suspension stayed after 12 months by probation. Between 1994 and 1996, he mishandled funds he was holding on behalf of clients or their medical providers and failed to maintain complete records for a client trust account.

WILLIAM BERNARD HALLER, Ellisville, Mo.: Haller was licensed in Missouri in 1974 and in Illinois the following year. He was disbarred in Missouri for abandoning two clients and for failing to participate in his disciplinary proceedings. The Illinois Supreme Court disbarred him as reciprocal discipline.

ROBERT QUENTIN HOYT, Tucson, Ariz.: Hoyt was licensed in Illinois in 1963 and in Arizona in 1979. He advised his expert in a medical malpractice case to remove certain documents from the expert's file prior to being deposed by the opposing party. Arizona censured him and placed him on probation for a year with conditions. The Illinois Supreme Court imposed reciprocal discipline by censuring him and placing him on probation for one year subject to the conditions of his Arizona probation.

LAMONT SAMUEL IVORY, Chicago: Ivory, who was licensed in 1998, was disbarred for taking more than $16,000 in client funds entrusted to him in 1999, delivering NSF checks to the circuit court, and lying to a circuit court judge about the checks. In addition, he neglected another client's civil matter, failed to communicate with the client, and did not refund the unearned portion of the client's $16,000 fee advance. Finally, he neglected a third client's civil matter.

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