Publications

Illinois Bar Journal
Articles on Law Pulse

Is the Illinois Eavesdropping Act unconstitutional? The saga continues… By Helen W. Gunnarsson December 2011 LawPulse, Page 604 Defendants being prosecuted under the Illinois Eavesdropping Act for recording police and other public officials are fighting back, thus far with mixed success.
New bill eases substitute visitation for servicemembers; “visitation abuse” bill defeated By Helen W. Gunnarsson December 2011 LawPulse, Page 604 A look at the contrasting fates of bills designed to 1) ease custody and visitation for deployed servicemembers and 2) increase penalties for visitation abuse.
Substitution of judge for cause: the high court keeps the bar high By Helen W. Gunnarsson December 2011 LawPulse, Page 604 The supreme court refused an invitation to hold that "appearance of impropriety," as opposed to proof of actual prejudice, is the standard for substitution of judge for cause.
What’s the best way out of an ethical pickle? By Helen W. Gunnarsson December 2011 LawPulse, Page 604 Taking quick remedial action and preemptive self-reporting can be the best way to handle a disciplinable blunder, ethics authorities advise.
Attention estate planners: new Medicaid asset transfer rules finally adopted By Helen W. Gunnarsson November 2011 LawPulse, Page 550 New state regulations, passed in response to federal requirements after years of delay, make it harder for nursing home care recipients to both shelter assets and stay eligible for Medicaid.
The electronic courtroom: E-filing and videoconferencing By Helen W. Gunnarsson November 2011 LawPulse, Page 550 The Illinois Supreme Court pursues electronic filing and adopts a rule allowing testimony by videoconference.
Meeting MCLE requirements just got a little easier By Helen W. Gunnarsson November 2011 LawPulse, Page 550 Among other welcome changes, rule revisions allow new admittees to meet their initial requirement by participating in mentoring and remove the fee for claiming credit for writing and teaching.
New scams target real estate lawyers By Helen W. Gunnarsson November 2011 LawPulse, Page 550 Scammers are using smartphones and apps to steal home-sale proceeds.
ABA Ethics, Part 1: new opinions on lawyer websites, e-mail/client confidentiality By Helen W. Gunnarsson October 2011 LawPulse, Page 490 New ethics opinions give helpful e-advice, particularly for lawyers with websites.
ABA ethics, Part 2: Proposed rules address admission on motion, MJP and more By Helen W. Gunnarsson October 2011 LawPulse, Page 490 Proposed ABA model rules speak to admission on motion, multijurisdictional practice, disclosure of confidential information, and choice of law provisions in lawyer-client agreements.
Absolute immunity for child reps By Helen W. Gunnarsson October 2011 LawPulse, Page 490 Immunity from liability is absolute for child representatives working within the scope of their court-appointed duties.
The bloody truth about DUI testing By Helen W. Gunnarsson October 2011 LawPulse, Page 490 Just because the state has blood test results to use against your DUI client doesn't mean the case is over, a defense lawyer argues.
Sex offender registration changes: not worth the cost? By Helen W. Gunnarsson October 2011 LawPulse, Page 490 Failing to implement legislation bringing Illinois into compliance with the federal Adam Walsh act is costing the state federal grant funds. But would enacting the law cost even more?
Adoption law pointers By Helen W. Gunnarsson September 2011 LawPulse, Page 434 The August Child Law Section newsletter includes an adoption law legislation roundup and helps lawyers help clients find birth parents and readopt after surrendering parental rights.
The lesson of George Ryan v U.S. By Helen W. Gunnarsson September 2011 LawPulse, Page 434 It'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 1 By Helen W. Gunnarsson September 2011 LawPulse, Page 434 The 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. Gunnarsson September 2011 LawPulse, Page 434 New 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 care By Helen W. Gunnarsson September 2011 LawPulse, Page 434 An 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 oddsmaker By Helen W. Gunnarsson August 2011 LawPulse, Page 382 It'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. Gunnarsson August 2011 LawPulse, Page 382 The 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 claim By Helen W. Gunnarsson August 2011 LawPulse, Page 382 A 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.
Tweeting the law By Helen W. Gunnarsson August 2011 LawPulse, Page 382 Lawyers, 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 defendant By Helen W. Gunnarsson August 2011 LawPulse, Page 382 What do you say to the criminal defendant who wonders why the judge or jury found him guilty? Two seasoned lawyers offer their thoughts.
Hutsell: Parents not liable for death of underage DUI driver By Helen W. Gunnarsson July 2011 LawPulse, Page 330 The high court held that parents who hosted a party did not voluntarily undertake the duty to prevent underage drinking.
Junk-fax statute enforceable by private lawsuit By Helen W. Gunnarsson July 2011 LawPulse, Page 330 In Italia Foods, the Illinois Supreme Court found that the federal junk-fax statute is enforceable by private litigants in Illinois.
Statewide mentoring program launched by supreme court By Helen W. Gunnarsson July 2011 LawPulse, Page 330 Both mentors and mentees in the voluntary program will earn PMCLE credit.
Supreme court okays emotional distress claims for wrongful birth By Helen W. Gunnarsson July 2011 LawPulse, Page 330 But the court held in the same case that parents cannot recover the costs of caring for a disabled adult child.
Vendor-neutral citation comes to Illinois By Helen W. Gunnarsson July 2011 LawPulse, Page 330 Beginning July 1, the official version of Illinois opinions will be published publicly on the court's website, not privately in bound volumes.
Are cell phones “contraband”? And what’s a “penal institution”? By Helen W. Gunnarsson May 2011 LawPulse, Page 222 A 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.
No common fund fee recovery for health care liens By Helen W. Gunnarsson May 2011 LawPulse, Page 222 Bad news for plaintiffs’ lawyers – the common fund doctrine does not give them a share of health care liens, the Illinois Supreme Court ruled recently.