Publications

Illinois Bar Journal
Articles From Helen W. Gunnarsson

Are you ready for health care reform? By Helen W. Gunnarsson October 2010 Lawpulse, Page 502 Important provisions of the Patient Protection and Affordable Care Act are kicking in, and lawyers - both as employers and counselors - need to take note.
Can you stay a federal appellate court ruling while your petition for cert is pending? By Helen W. Gunnarsson October 2010 Lawpulse, Page 502 Maybe, if you can show a reasonable chance of succeeding at the Supreme Court level and irreparable harm if the stay isn't granted. You've taken a case through federal district court and the seventh circuit court of appeals. The result wasn't exactly what you wanted for your client, but the court has issued its mandate and you can no longer move for rehearing.
A First Amendment right to audiorecord police? By Helen W. Gunnarsson October 2010 Lawpulse, Page 502 The ACLU says so, arguing that the Illinois Eavesdropping Act's prohibition is unconstitutional. Does freedom of speech include the freedom to record?
Raising the bar for involuntary commitment in Illinois By Helen W. Gunnarsson October 2010 Lawpulse, Page 502 A new statute responds to a supreme court ruling that found Illinois' low standard for involuntary commitment under Illinois's Mental Health and Developmental Disabilities Code constitutionally infirm.
Unbundling Explained By Helen W. Gunnarsson October 2010 Article, Page 512 Limited scope or discrete task legal representation - aka "unbundling"- is a client- and lawyer-friendly idea whose time has come, proponents say.
Getting fees from the other side in divorce By Helen W. Gunnarsson September 2010 Lawpulse, Page 446 The IMDMA lets one party get attorney fees from the other in some cases. But don't overplay your hand.
The hard work of running for judge By Helen W. Gunnarsson September 2010 Lawpulse, Page 446 It's an exhausting and expensive undertaking, and the odds are often against you.
Judicial evaluations - a necessary pain in the neck By Helen W. Gunnarsson September 2010 Lawpulse, Page 446 Like them or hate them, few judicial candidates dare ignore them.
Lessons for lawyers from the Blago trial By Helen W. Gunnarsson September 2010 Lawpulse, Page 446 Post-verdict takeaways
So You Want to Be a Judge? By Helen W. Gunnarsson September 2010 Article, Page 456 High status, great money, no practice-management headaches - what lawyer wouldn't want to be a judge? What lawyer indeed, which is why it's a hard gig to get.
Tenancy by the entirety gets a boost By Helen W. Gunnarsson September 2010 Lawpulse, Page 446 Spouses no longer must choose between the protection against creditors provided by tenancy by the entirety and the estate-planning advantages of a revocable inter vivos trust.
ABN AMRO: A victory for the foreclosed-upon By Helen W. Gunnarsson August 2010 Lawpulse, Page 394 The Illinois Supreme Court holds that in a foreclosure suit, the mortgage lender must name (and thus notify) the personal representative of a deceased borrower before the trial court can hear the case.
Family law software: not exempt from the rules of evidence By Helen W. Gunnarsson August 2010 Lawpulse, Page 394 Make sure you understand how support calculators work before relying on their results, and don't forget to lay a foundation for the report if you seek to enter it into evidence.
Market yourself to existing clients By Helen W. Gunnarsson August 2010 Lawpulse, Page 394 Don't hide your lamp under a bushel, experts warn, or your clients may head for lawyers with better self-promotional skills.
Real estate lawyers: beware short-sale fee agreements By Helen W. Gunnarsson August 2010 Lawpulse, Page 394 A proposed fee arrangement presented to a lawyer by a short sale negotiator raises red flags for a veteran real estate practitioner.
Uncivil Action By Helen W. Gunnarsson August 2010 Article, Page 408 Despite all the energy devoted to collegiality and professionalism, lawyers too often confront rudeness, even hostility, in opponents. Here's what to do.
Virtual law firms: the new reality of lawyer collaboration By Helen W. Gunnarsson August 2010 Lawpulse, Page 394 The keynote speaker at October's ISBA Solo and Small Firm Conference will tell participants how to thrive in a tough economy and changing practice landscape.
Bankruptcy lawyers are “debt relief agencies,” high court rules By Helen W. Gunnarsson July 2010 Lawpulse, Page 342 As such, they may not advise clients to incur additional debt and must label themselves "debt relief agencies" in ads.
Committee charged with helping improve Illinois’ mental health courts By Helen W. Gunnarsson July 2010 Lawpulse, Page 342 The supreme court has asked the committee to make recommendations for better information sharing, training for judges, and other improvements.
Cwik: state need not pay interest on unclaimed property By Helen W. Gunnarsson July 2010 Lawpulse, Page 342 The Illinois Supreme Court rules that the state can divest neglectful owners of interest earned on their property while it's in state custody for safekeeping.
DIY practice management software: a point-counterpoint By Helen W. Gunnarsson July 2010 Lawpulse, Page 342 ISBA lawyers offer differing views on the wisdom of using free or low-cost practice-management applications.
Is your client a nonresident of Illinois for state income tax purposes? By Helen W. Gunnarsson July 2010 Lawpulse, Page 342 The Illinois Department of Revenue is looking closely at former Illinois residents who claim residency in other states while maintaining ties to Illinois.
Averett a win for prosecutors By Helen W. Gunnarsson June 2010 Lawpulse, Page 286 The Illinois high court rules that it isn't reversible error for a trial court to defer ruling on motions in limine to exclude prior convictions unless defendants testify - and that's bad news for defendants who choose not to testify.
Can you cite to unpublished opinions? By Helen W. Gunnarsson June 2010 Lawpulse, Page 286 In Illinois state court, no. In Illinois-based federal district courts, yes.
Illinois Supreme Court upholds reduction of punitive damages award By Helen W. Gunnarsson June 2010 Lawpulse, Page 286 But the standard by which punitive awards should be measured remains unclear.
Yes, “nice” can work for you By Helen W. Gunnarsson June 2010 Lawpulse, Page 286 An ISBA lawyer makes the case that niceness can pay professional dividends.
Avoiding Withdrawal Pains By Helen W. Gunnarsson May 2010 Article, Page 240 You've had enough of the Client from Hell and you need to withdraw from the representation. The good news - you almost certainly can. Just make sure you do it properly.
Codifying Illinois’s rules of evidence By Helen W. Gunnarsson May 2010 Lawpulse, Page 230 A supreme court committee's proposed organizational scheme, fashioned after the Federal Rules of Evidence, would pull together Illinois' widely scattered evidence rules.
Court okays $20 handling fee for medical records By Helen W. Gunnarsson May 2010 Lawpulse, Page 230 In a class action lawsuit, the Illinois Supreme Court has held that it is reasonable per se for a provider of medical record copies to charge the full amount of the statutory $20 fee pursuant to Article XX, Part 8 of the Code of Civil Procedure. The case is Solon v Midwest Medical Records Association, Inc, No 107719, 2010 WL 966395 (Ill Sup Ct).
A judge’s guide to drafting orders By Helen W. Gunnarsson May 2010 Lawpulse, Page 230 A bankruptcy judge's 18 guidelines for drafting orders are a surprise hit on the blawgging circuit.