The lesson of George Ryan v U.S.By Helen W. GunnarssonSeptember 2011Lawpulse, Page 434It's this, according to a criminal defense lawyer and court watcher: You shouldn't hesitate to argue alternative, even esoteric, bases for relief to create a record for appeal.
New IOLTA requirements effective September 1By Helen W. GunnarssonSeptember 2011Lawpulse, Page 434The amended rule forbids non-interest bearing pooled accounts, imposes new recordkeeping requirements, and obliges banks to report trust-account overdrafts.
New limits on FOIA "recurrent requesters"By Helen W. GunnarssonSeptember 2011Lawpulse, Page 434New legislation would give governmental entities more time to respond to those who make numerous FOIA requests. A look at that and some Open Meetings Act changes.
Supreme court: IPI instruction misstates med-mal standard of careBy Helen W. GunnarssonSeptember 2011Lawpulse, Page 434An Illinois Pattern Jury Instruction doesn't state the correct standard for determining whether a physician's conduct was reasonable in a med-mal case, the Illinois Supreme Court ruled.
Don't be an oddsmakerBy Helen W. GunnarssonAugust 2011Lawpulse, Page 382It's a bad idea - maybe even an ethics no-no - to tell clients what you think their chances of winning are, an ISBA lawyer opines.
Miranda: Youth a factor in determining whether interrogation is "custodial"By Helen W. GunnarssonAugust 2011Lawpulse, Page 382The U.S. Supreme Court holds that a subject's youth matters when determining whether a Miranda warning is required - a conclusion the Illinois Supreme Court came to years ago.
Statute of repose bars legal malpractice claimBy Helen W. GunnarssonAugust 2011Lawpulse, Page 382A plaintiff who sued a lawyer for malpractice in the preparation of a quitclaim deed was too late because any injury occurred when the deed was prepared, not later when her husband died.
To Tweet or Not to Tweet?By Helen W. GunnarssonAugust 2011Article, Page 396Don't get Twitter? You're not alone. But lawyers are using it to reach out to fellow practitioners and communicate with the public.
Tweeting the lawBy Helen W. GunnarssonAugust 2011Lawpulse, Page 382Lawyers, bar associations, courts, and others use Twitter to push out news, cases, job openings, and more.
"What happened?" How to talk to a found-guilty defendantBy Helen W. GunnarssonAugust 2011Lawpulse, Page 382What do you say to the criminal defendant who wonders why the judge or jury found him guilty? Two seasoned lawyers offer their thoughts.
A Business Lawyer Plugs into the Business of LawBy Helen W. GunnarssonJuly 2011Article, Page 340ISBA President John G. Locallo will use his bully pulpit to help lawyers understand the power and importance of practice-oriented technology.
Junk-fax statute enforceable by private lawsuitBy Helen W. GunnarssonJuly 2011Lawpulse, Page 330In Italia Foods, the Illinois Supreme Court found that the federal junk-fax statute is enforceable by private litigants in Illinois.
Vendor-neutral citation comes to IllinoisBy Helen W. GunnarssonJuly 2011Lawpulse, Page 330Beginning July 1, the official version of Illinois opinions will be published publicly on the court's website, not privately in bound volumes.
E-filing comes to Cook CountyBy Helen W. GunnarssonJune 2011Lawpulse, Page 280The nation's largest unified court system offers the option of electronic filing in most civil cases.
How to Be a Good CloserBy Helen W. GunnarssonJune 2011Article, Page 290In baseball and residential real estate practice alike, it often comes down to the last inning when a lights-out closer can make the difference. Here are tips from veteran lawyers about what you might encounter at a real estate closing and how to handle it.
A judge's perspective on pro se litigantsBy Helen W. GunnarssonJune 2011Lawpulse, Page 280How far may - and should, and must - a judge go in helping a pro se litigant have his or her day in court?
"This is why we become lawyers": the Watkins counsel speakBy Helen W. GunnarssonJune 2011Lawpulse, Page 280Lawyers talk about the challenges and rewards of representing parties to the highly charged, nationally publicized Watkins visitation case.
Trace amount of methamphetamine supports aggravated DUI convictionBy Helen W. GunnarssonJune 2011Lawpulse, Page 280After People v Martin, the state need only prove that the driver who causes a fatal accident had methamphetamine in his system, not that it impaired his performance.
Are cell phones "contraband"? And what's a "penal institution"?By Helen W. GunnarssonMay 2011Lawpulse, Page 222A volunteer lawyer is charged with a felony for allegedly bringing "contraband" - her cell phone - into a police station interview room.
Volunteering to represent indigents pro bono in an area of law with which you're unfamiliar? Your heart may be in the right place, but be careful.
Experience by AppointmentBy Helen W. GunnarssonMay 2011Article, Page 238Though there isn't much money in it, serving as appointed counsel is a way to gain invaluable courtroom experience and remind yourself why you went to law school in the first place.
No common fund fee recovery for health care liensBy Helen W. GunnarssonMay 2011Lawpulse, Page 222Bad news for plaintiffs’ lawyers – the common fund doctrine does not give them a share of health care liens, the Illinois Supreme Court ruled recently.
Part of Illinois’s Identity Theft Law found unconstitutionalBy Helen W. GunnarssonMay 2011Lawpulse, Page 222The Illinois Supreme Court overturns a provision of Illinois’ identity theft statute, finding that it criminalizes innocent conduct (e.g., Google searching) performed without criminal intent.
Court-ordered mental health reports not confidential under IMDMABy Helen W. GunnarssonApril 2011Lawpulse, Page 174Unlike those issued by treating caregivers, mental-health reports ordered by the court under the Illinois Marriage and Dissolution of Marriage Act are not confidential, the supreme court rules.
Defending a DUI client who said "no" to the policeBy Helen W. GunnarssonApril 2011Lawpulse, Page 174Among other techniques, use voir dire to help tell your story and underscore the defendant's constitutional right to refuse testing and other requests.
Defending a DUI case? West suburban lawyer Donald J. Ramsell provides practical tips for defending DUI refusals in jury trial cases in the March 2011 issue of ISBA's Traffic Laws and Courts section newsletter.
Finding Your Way to in the CourthouseBy Helen W. GunnarssonApril 2011Article, Page 184How to learn those all-important unwritten rules of courthouse and courtroom practice that vary from circuit to circuit.