Retooling the relation-back doctrineBy Helen W. GunnarssonApril 2008LawPulse, Page 174The Illinois Supreme Court recently adopted the northern district's test for determining whether an amended complaint relates back to the original.
The conscience of a lawyerBy Helen W. GunnarssonMarch 2008LawPulse, Page 118Your client admits he committed murder. What should you do? What can you do? For two Illinois lawyers, these aren't hypothetical questions.
Are e-mail disclaimers really necessary?By Helen W. GunnarssonFebruary 2008LawPulse, Page 66They really are, some lawyers say. In fact, you should put them at the beginning, not the end, of your messages, other lawyers say.
Custody conundrumBy Helen W. GunnarssonJanuary 2008LawPulse, Page 10Your client’s ex-husband, who moved to Texas and had custody of the children, dies. Your client wants the kids, her ex’s Texas relatives say no. What do you do?
Drafter bewareBy Helen W. GunnarssonDecember 2007LawPulse, Page 622When it comes to drafting agreements for deed in lieu of foreclosure, you can’t be too careful.
Illinois supremes reject pre-existing debt ruleBy Helen W. GunnarssonDecember 2007LawPulse, Page 622Under the rule, A’s promise to pay B’s debt is enforceable even if A didn’t put it in writing if it’s made before the debt was incurred. The high court says that’s not the law in Illinois.
Small-trust-termination amendment gets mixed reviewsBy Helen W. GunnarssonDecember 2007LawPulse, Page 622It’s good to allow trustees to terminate small trusts when fees are consuming income. But should income, rather than remainder, beneficiaries automatically get the proceeds?
Three flavors of federal e-filingBy Helen W. GunnarssonDecember 2007LawPulse, Page 622Effective last month, all three federal district courts accept electronically filed complaints – but each has different procedures.
Ex post facto Medicaid “planning”By Helen W. GunnarssonNovember 2007LawPulse, Page 570May an agent or guardian shift the principal's assets for Medicaid planning purposes after the principal has become disabled? Yes - but doing so can be expensive.
Frye-ing the HGN testBy Helen W. GunnarssonNovember 2007LawPulse, Page 570The Illinois Supreme Court rules that a Frye hearing must be held to decide whether the horizontal gaze nystagmus test reliably indicates alcohol impairment.
No duty to warn, Illinois high court holdsBy Helen W. GunnarssonNovember 2007LawPulse, Page 570The court reaffirms the rule that Party A has no duty to warn Party B about a threat posed by Party C unless there's a special relationship between A and B.
Rule 216 requests to admit: no more “gotcha” gamesBy Helen W. GunnarssonNovember 2007LawPulse, Page 570With its Vision Point ruling, the Illinois Supreme Court gives trial courts the power to allow late or otherwise deficient answers to Rule 216 requests to admit.
Station adjustments: not-so-rough justice for kidsBy Helen W. GunnarssonOctober 2007LawPulse, Page 510For juveniles who break the law, "station adjustments" can mete punishment without creating a criminal record. Here's how to help clients make the most of the opportunity.
What court reporters wantBy Helen W. GunnarssonOctober 2007LawPulse, Page 510 At depositions, they want you to say out loud who is in the room. And to speak slowly. And not to interrupt other speakers. And...