Publications

Illinois Bar Journal
Articles From 2008

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Employees or Independent Contractors? A New Test for the Construction Industry By Marc R. Poulos, Melissa Binetti, and Robert G. Reiter, Jr. April 2008 Article, Page 206 A new law makes it easier to challenge classifying construction workers as independent contractors, not employees.
Employer’s unilateral revisions to handbook did not convert plaintiff to at-will employee January 2008 Illinois Law Update, Page 16 On November 13, 2007, the Illinois Appellate Court, First District, reversed the order of the Circuit Court of Cook County by holding that an employer’s unilateral offer of new benefits did not effectively modify an employee’s contract to convert him to an at-will employee. 
Engagement Letters, Fees and the Dowling Case By David A. Berek and Fred R. McMorris May 2008 Column, Page 262 Consult Dowling for guidance on fee arrangements and how to describe them in engagement letters.
Equalization of incomes an abuse of discretion September 2008 Illinois Law Update, Page 444 On June 27, 2008, the Illinois Appellate Court, Fourth District, reversed the judgment of the Circuit Court of McLean County ordering the respondent to pay the petitioner maintenance of $12,500 per month for a period of 111 months.
Estate attorneys disqualified from representation of deceased client’s son February 2008 Illinois Law Update, Page 72 On December 3, 2007, the Illinois Appellate Court, Second District, affirmed the decision of the Circuit Court of Du-Page County granting in part Northern Trust Company's motion to disqualify counsel for Peter Wright. 
Estate Planning for FDIC Coverage By Katarinna McBride November 2008 Column, Page 590 New FDIC rules provide more protection for revocable trusts.
Ethics and the Attorney / Title Agent By Michael J. Rooney March 2008 Article, Page 132 This author argues that attorneys can serve as title agents, provided they make necessary disclosures and get corresponding consents.
Evidence sufficient to uphold conviction for disorderly conduct November 2008 Illinois Law Update, Page 554 On August 20, 2008, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County finding the defendant guilty of disorderly conduct. 
Eyewitnesses and the Rashomon Effect By Hon. Ron Spears August 2008 Column, Page 424 Research indicates that eyewitness testimony is less reliable than people think.
A Family Law Toolbox By H. Joseph Gitlin April 2008 Column, Page 214 A list of resources worth keeping at your fingertips.
Federal wiretapping evidence admissible though barred by state law By Helen W. Gunnarsson March 2008 Lawpulse, Page 118 Evidence gathered in a joint federal-state investigation is admissible in state court if it complies with federal, though not state, eavesdropping law.
Fees for Physician Testimony: What’s Reasonable? By Timothy J. Harris September 2008 Article, Page 460 A look at the governing rules, along with common-sense ways lawyers can keep doctors from charging too much for testifying.
Felzak and Ligon: an answer to judicial overactivism? By Helen W. Gunnarsson April 2008 Lawpulse, Page 174 What if a judge surprises you by entering an order on a substantive matter at what was supposed to be a mere status hearing? Some lawyers apprise the court of two appellate cases.
Financial inability to comply with an order must be shown by definite and explicit evidence December 2008 Illinois Law Update, Page 612 On October 8, 2008, the Illinois Appellate Court, Second District, reversed and remanded the decision of the Circuit Court of Du Page County declining to hold the petitioner in contempt and ordering the petitioner to pay the respondent past-due maintenance interest from the date of judgment.
Finding Free Legal Articles on the Web By Tom Gaylord July 2008 Column, Page 370 A growing number of law-review articles are free for the viewing.
Firefighters protected by Criminal Code amendment. PA 095-0801 December 2008 Illinois Law Update, Page 612 Illinois lawmakers amended the Criminal Code of 1961 by modifying section 31-1. 720 ILCS 5/31-1. 
The Five People You Meet in Wal-Mart By Hon. Ron Spears November 2008 Column, Page 586 Judge Justice learns how he has affected the lives of litigants.
Five Secrets Not to Keep from Your Insurer By Karen Erger April 2008 Column, Page 216 Don't risk losing valuable coverage by being less than forthcoming with your insurer.
Flynn v Henkel: A Heavy Burden for Petitioners Under the Grandparent Visitation Act By Michael K. Goldberg May 2008 Article, Page 244 Grandparents must show that the child's health, safety, and welfare will be adversely affected if visitation is denied, the supreme court rules.
For New Lawyers June 2008 Column, Page 309 An expensive daughter dilemma.
For New Lawyers April 2008 Column, Page 215 Is a co-signer entitled to a foreclosure notice?
Forensic Psychiatry Fellowship Training Act Created. PA 095-0022. January 2008 Illinois Law Update, Page 16 A new program has been created at the University of Illinois at Chicago and Southern Illinois University to “expand their focus on enrolling, training, and graduating forensic mental health professionals.” 
Fraudulent Misrepresentation in Illinois Employment Cases By Richard J. Gonzalez September 2008 Article, Page 464 More at-will employees who have been misled by employers' oral promises are suing for fraudulent misrepresentation instead of breach of contract.
Fraudulent misrepresentation tort limited to business By Helen W. Gunnarsson June 2008 Lawpulse, Page 278 Fraudulent misrepresentation applies only to business-related, not personal, injury, the Illinois Supreme Court rules.
General Assembly enacts the Diabetes Initiative Act. PA 095-0419 June 2008 Illinois Law Update, Page 284 The General Assembly has enacted the Diabetes Initiative Act, Section 5 of which states that the Department of Human Services "shall develop a strategic plan to slow the rate of diabetes as a result of obesity and other environmental factors by the year 2010."
Get it One Piece at a Time By Karen Erger February 2008 Column, Page 100 If you take away one small skill from the workplace every day, you can build a useful, satisfying career.
Grandparent visitation cannot infringe on non-related parent’s visitation time April 2008 Illinois Law Update, Page 180 On February 4, 2008, the Illinois Appellate Court, Fifth District, affirmed the judgment of the circuit court allowing grandparent visitation but ordering that the visitation shall not diminish the time during which the mother currently has the child.
A Guide to Involuntary Commitment in Illinois By Rob Shumaker November 2008 Article, Page 568 Too many involuntary commitments are overturned because the lawyers and judges fail to follow the law. Here's a how-to guide.
Happy Birthday to Law Day and Mr. Lincoln By Joseph G. Bisceglia March 2008 Column, Page 116 The ISBA looks ahead to the Great Emancipator's 200th birthday.
Helpful Resources from the Illinois Courts By Tom Gaylord March 2008 Column, Page 160 Every Illinois lawyer should visit the Web site of the Illinois courts.