The ISBA Committee on Military Affairs is assisting legal officers at Illinois bases and National Guard units by training lawyer volunteers to help. For information about representing military personnel and their families, and to sign up as a volunteer, access www.isba.org and click on "Military Lawyers Need Your Help" on the home page.
State's attorneys recognize Boyle's amazing record
Hennepin attorney Walter Durley Boyle was honored somewhat belatedly by the Illinois State's Attorney's Association during a Law Day celebration May 2 at the Putnam County Courthouse.
Boyle was recognized for what is believed to be an Illinois record of 10 consecutive four-year terms as a county prosecutor, a post he held from 1936 until 1976. The feat was brought to the association's attention by Putnam County State's Attorney James A. Mack, a former law firm associate.
Ironically, the Illinois State Bar Association honored Boyle 10 years ago for professional and community achievements during the years after his retirement from public service. He received the second General Practice Section Tradition of Excellence Award during the ISBA Annual Meeting in June 1993.
Boyle's record as a state's attorney seems all the more remarkable in light of the fact that he campaigned for the office and won the Democratic nomination while still a student at the University of Illinois College of Law.
He was admitted to the bar in September 1936, won the contested election in November and took office as state's attorney a month later. His four-decade tenure was interrupted only by Navy service during World War II.
Nearing age 90, Boyle had been thinking about retiring from private practice, but a case he won last year has been appealed. "I have to see that through," he told a reporter for the Peoria Journal Star last month. "I'm writing the appellate brief right now."
Boyle received the ISBA Tradition of Excellence Award in 1993 for civic contributions that included board service with Illinois Valley Community College and St. Margaret's Hospital, in addition to representation of several municipalities.
Of counsel to Boyle, Goldsmith & Bolin, he also is known for his philanthropy. He and his wife, Hazel Marie Boyle, have provided scholarships for Putnam County students to attend college, and a there is a Walter Durley Boyle Park in Hennepin.
Peoria County State's Attorney Kevin W. Lyons, a member of the ISBA Committee on the Attorney Registration and Disciplinary Commission, said during the award presentation that he expected the community to be soon named "Durleyville."
Boyle received a commemorative plaque and a resolution lauding his activity in professional, educational, religious, historical and charitable organizations, and his legal skills and dedication to the justice system.
Members of class of 1953 will become ISBA Senior Counsellors during a luncheon Thursday, July 17, in the Standard Club, Chicago. Call JoAnn Hibbs, (800) 252-8908, for reservations.
Some of their stories are published in this issue of the ISBA Bar News, and others will appear in the July 15 issue. Those here on pages 8 and 9 were written by freelance journalist Jeff Cappel.
Rochelle's David Guest helped by Mayor Daley
David K. Guest graduated in 1953 from the Northwestern University School of Law and took a job with the Continental Bank in Chicago for two years.
This September, he'll complete 48 years of private practice in Rochelle, where his areas of concentration have been real estate, estate planning and administration. He also did a stint as Rochelle city attorney.
There were no lawyers in the Guest family before him, although his father was a justice of the peace. "I just wanted to go beyond college," he said, "and the law seemed like a pretty good choice."
His small-town practice and pride in the profession have been enhanced since his son, Thomas D. Guest, joined him in 1986. It's also less hectic than a Chicago practice would have been.
David Guest, who will be inducted July 17, as an ISBA Senior Counsellor, recalls one experience as Rochelle's city attorney that landed him in the office of Chicago Mayor Richard J. Daley.
"We wanted to build a two-lane overpass, but the railroad wanted a four-lane overpass," he said. "We had scheduled a hearing before the commerce commission, but it was suggested that we go over and try to see the mayor, which we did.
"We told him what was going on, and he said that he never had much trouble with the railroad. And it was resolved! I guess he had a lot more clout to get things done than we did," Guest laughed. "So that was an interesting experience.
He practices full-time, and is in the office five days a week. "I'm just a mile from home," he said, "so I can go home and have lunch with my wife, and I don't have a lot of driving to do."
Guest intends "to phase out at some point, but at the present I have no plans to." Since he really has no hobbies, his daily practice helps keep him busy. There are always phone calls, faxes and e-mails to sort through.
The legal field has changed throughout the years, he notes, and things are expected to be done much faster. "My advice to young lawyers is to be patient," he said.
Thomas Guest says he enjoys working with his father. "It's been a good learning experience," he said, "and my dad's been a good tutor. He's very easy-going and relaxed."
Judge Henry Lewis keeps skills sharp as counsel
When Judge Henry Lewis retired from the 2nd Circuit in 1993, it didn't take long for an old friend to give him an opportunity to keep his skills sharp by serving of counsel to his firm.
"Judge Lewis and I have been friends for close to 50 years," said David L. Stanley, senior partner in the Stanley Law Office, "so I said that if he wanted someplace to go, he was more than welcome to join us."
A World War II veteran who served in the Air Corps, Lewis graduated from the University of Illinois College of Law in 1953 and will be inducted July 17 as an ISBA Senior Counsellor.
He was elected state's attorney of White County in 1956 and served for 10 years until he was elected resident county judge. He served until 1987 and was elected chief judge six times.
"The chief judge does administrative work for the circuit like assigning judges," Lewis said. "Down here, we have 12 counties in the circuit and one chief judge for the entire circuit."
Lewis was appointed to the Appellate Court in 1987 and he served until 1993, including time on the Industrial Commission Division.
"There was a justice from each district on that division," Lewis said. "We handled all of the workers' comp appeals in the state. Basically, it's the court of last review in the workers' comp cases."
He also served on the executive committee of the Judicial Conference for one term and was president of the Appellate Court Judges Association for another.
Lewis remembered when the Monsanto Co. was sued by several plaintiffs for dioxin poisoning. "The case lasted four years in the trial court," Lewis said, "and a $20 million punitive damage was awarded, but it was reversed on appeal."
Since 1993, Lewis has been at the Stanley Law Office at least half of each day. He misses the bench to some extent, but has kept busy with mediations.
"I need to bail out because I've been at it too damn long!" Lewis laughed. "I can do mediation without being in the practice of law. I'm down to a low inventory, so it's a good time to get out. But you never know; we lawyers are hard to get rid of."
Lewis believes his experience has enabled him to become versed in many areas of the law. "Downstate judges tend to hear everything," he said, "including, traffic, murder and million-dollar personal injury cases. Whereas a big city judge tends to get limited to certain areas."
He added that "keeping the system moving and keeping it from stalling out or getting behind" is a challenge every judge faces.
"It's also been my experience that the law moves along at its own pace," Lewis noted. "It's not the fault of the judges or the courts. Lawyers have to let things move along at the right pace. You have to wait for things to settle or you're waiting for someone to come back to town, et cetera."
Lewis believes mediation has helped move the process along somewhat. "It cuts the expenses down on cases that aren't all that large, like under $100,000," he said. "In big cases, however, there's too much discovery and lawyers wouldn't put-up with mediation."
Lewis thinks he was able to "get by" as a judge because he didn't place himself upon a pedestal. "Sometimes judges tend to think that they know everything," he said, "and that they're the only ones who know what's going on. And they're often the last to know what's going on."
From stock boy to judge, Hennessy heeded advice
Retired 18th Circuit associate judge Donald J. Hennessy held numerous odd jobs before becoming a lawyer, including stints as a stock boy, a shipping clerk and a Walgreen's counterman. When a job in his dad's workplace didn't transpire, the foundation for his legal career was laid.
"My father worked at a printing shop," Hennessy said, "and he refused to get me job there. He said I was too young and all I would do was janitorial work.
"So he pushed me to go to school because he thought that by the time I went beyond janitorial work, I could have had an education. Plus he didn't charge me room and board while I was going to school."
Hennessy served in the U.S. Army Reserves during the 1950s, before and after graduating in 1953 from the DePaul University College of Law, including two years in Korea as a counter intelligence special agent. He will become an ISBA Senior Counsellor on July 17.
A past president of the DuPage County Bar Association, he has practiced in various areas throughout the years. In addition to insurance defense, automobile accident cases, corporate, real estate and municipal law, he was an assistant state's attorney from 1959 to 1961.
In private practice from 1962 to 1985, he was a partner in Nadelhoffer, Hennessy, Dommermuth, Brestal for 21 years, and with Hennessy, Dommermuth, Brestal for two years before becoming an associate judge. He retired in 1997, but served for six more months in 2001 because of a shortage of judges.
As a young lawyer, Hennessy prosecuted a criminal jury case after only one day on the job in the states attorney's office. William J. Bauer, who now sits on the U.S. Court of Appeals, was his boss at the time.
"The case dealt with a constable who was assaulted by a woman while serving her with a summons," Hennessy said. "She ripped his papers and tore his shirt.
"Since I had only tried fender benders, I asked Bauer what I needed to do. He said if I got stuck to ask for a recess and come up and ask him. We got a conviction," Hennessy laughed.
The judgment was 20 days in jail and a $100 fine. "Back in those days, the late 1950s," he recalled, "the jury set the penalties, unlike today when the judge does."
Hennessy enjoyed working with the public in private practice. "People would ask me questions and I couldn't answer all of them. I knew where to find the law, but I didn't always know how to use it," he said.
"Because my practice was basically an office one, I always told my clients that I could best serve them by keeping them out of court."
Hennessy never forgot what another boss, L. L. Rechenmacher, told him. "His philosophy was that if we can't help people, we don't want to charge them." Hennessy credits this advice as a contributing factor in growth of his practice.
One potential client came to him after having been involved in an auto accident. "I thought he was also at fault and told him that he had a no-win case. So I didn't take the case."
Hennessy continued, "the man went out, got another lawyer, ran up $1,000 in legal fees and lost. So he came back to me, said I was right, and asked me to handle his will and other papers!"
Experience has led Hennessy to believe that many lawyers aren't adequately versed in the rules of federal court and other courts. "So it's about preparation and reading the current rules from the various levels," he said.
Hennessy expected lawyers who came before him to be ready for trial. His firmness may have hurt him in the bar polls, but he stands by his ways.
"I gave one continuance and that was it," he said, "unless the lawyers had a strong reason for another. I had around 200 jury trials, and I didn't want any backlog in my court. Trial date meant trial date."
Now semi-retired, Hennessy handles some wills and trusts for friends and relatives. "I try to remain active," he said, "but I spend half my time in northern Wisconsin on a lake lot."
He doesn't miss the every-day practice, which is becoming more expensive. "I guess the increased fees are understandable because when you have expenses, you have to find ways to pay for them," he said.
James McCourt sponsored ISBA merit proposal
James P. McCourt became a lawyer in order to serve people. He thought the law would the best way to do that. But he also served the public as a teacher, an alderman and a state legislator.
McCourt served in the Navy during World War II and graduated from the DePaul University College of Law in 1953. He will be inducted July 17 as an ISBA Senior Counsellor.
McCourt's practice focused on real estate, probate and traffic matters. He also taught corporate finance at the University of Notre Dame College of Commerce and Duquesne University.
An Evanston alderman from 1961 until 1973, McCourt was elected to the Illinois House from the 11th District, serving from 1973 to 1980. In 1981, he was appointed as a Cook County associate judge, and he served in the 2nd Municipal District until 1998.
"One of my bills that I pushed as a state representative," McCourt said, "was one that would force gas station owners to post the price they were charging for the various grades. It probably wasn't a big bill, but I thought it was an improvement."
He also was a sponsor of the Illinois State Bar Association's merit selection bill. "It was backed the Chicago Bar Association," he recalled, "but it had a lot of opposition so it really didn't go anywhere."
While many people enter politics with grandiose dreams, McCourt wasn't sure what to expect when he entered the Illinois General Assembly.
"I wasn't even sure what state representatives were paid when I got into it," he said. He enjoyed the experience, but knew by 1980 that he didn't want to run again.