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Illinois Bar Journal
Articles From 2009

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1099s for deadbeat clients? By Helen W. Gunnarsson January 2009 Lawpulse, Page 10  A law-office management expert puts forth the option of sending a nonpaying client a 1099 for the value of your services. Is it really OK to do so?
2009 Spring Session Roundup By Jim Covington August 2009 Column, Page 396 A summary of key legislation.
Absent a plainly discoverable clause the burden to replace a roof falls on a landlord May 2009 Illinois Law Update, Page 226 On February 27, 2009, the Illinois Appellate Court, Fourth District, affirmed the decision of the Circuit Court of Adams County granting summary judgment in favor of the defendant, finding that the parties' lease agreement obligated the plaintiff, a commercial landlord, to replace the leased property's roof, and provided the defendant with the right to offset rent payments with the cost of replacing the roof. 
Absolute immunity applies to protect police officers from tort liability May 2009 Illinois Law Update, Page 226 On February 20, 2009, the Illinois Supreme Court reversed the decision of the Illinois Appellate Court, Third District, thereby affirming the decision of the Circuit Court of Cook County which dismissed the plaintiff's complaint because there was no genuine issue of material fact with regard to a defendant's enforcement of the Illinois Domestic Violence Act of 1986 (750 ILCS 60/101 et seq (2002)).
Act amends insurance code to provide information on identity theft protection and deterrence. PA 096-0167 October 2009 Illinois Law Update, Page 496 Illinois lawmakers have amended the Illinois Insurance Code to include a new section requiring that the Department of Insurance develop a consumer fact sheet regarding identity theft insurance.
Act authorizes school districts to release juvenile truancy records. PA 095-1016 March 2009 Illinois Law Update, Page 122 The Illinois General Assembly amended the Illinois Municipal Code by changing Sections 1-2.2-20 and 11-5-9. 65 ILCS 5/1-2.2-20, 11-5-9. 
Act creates bill payment assistance program for low-income utilities customers. PA 096-0033 September 2009 Illinois Law Update, Page 444 Illinois lawmakers have amended the Energy Assistance Act to add a new section creating the Percentage of Income Payment Plan (PIPP), intended to help low-income residential customers pay their utility bills. 305 ILCS 20/18. 
Act defines "fair and reasonable compensation" owed when a motor vehicle franchise closes. PA 096-0011 August 2009 Illinois Law Update, Page 392 Illinois lawmakers have amended the Motor Vehicle Franchise Act to specify a manufacturer's obligation to a dealer when a franchise relationship ends.
Act extends ability of terminated employees to continue medical insurance coverage. PA 096-0013 August 2009 Illinois Law Update, Page 392 The Illinois General Assembly has amended the Illinois Insurance Code (Code) and the Health Maintenance Organization Act to provide for circumstances in which employees who are terminated or whose hours fall below the minimum hours necessary for coverage may continue to be covered under a group policy or group HMO coverage plan. 
Act protects rights of detainees to access religious workers. PA 095-1022 March 2009 Illinois Law Update, Page 122 Illinois lawmakers created the Access to Religious Ministry Act of 2008 to ensure that religious workers have reasonable access to immigration-related detainees held in county jails in the state of Illinois. 730 ILCS 125/26.  
Act provides assistance to the families and children of incarcerated parents. PA 096-0068 October 2009 Illinois Law Update, Page 496 The Department of Human Services Act has been amended to require state agencies to provide the families and children of incarcerated parents with information about how to obtain social services. 
Act provides guidance for considering electronic communication time in determining parental visitation rights. PA 096-0331 November 2009 Illinois Law Update, Page 552 Illinois law makers amended sections 607 and 609 of the Illinois Marriage and Dissolution of Marriage Act, defining visitation and instructing courts on how to consider electronic communication when determining parental visitation rights.
Additional requirements on municipalities awarding waste collection franchises. PA 095-0856 January 2009 Illinois Law Update, Page 16 The Illinois Municipal Code has been amended by modifying section 5/11-19-1 to add new language concerning the awarding of waste collection franchises. 65 ILCS 5/11-19-1. 
The Admissibility of Other Misconduct in Civil Cases By Michael J. Polelle July 2009 Article, Page 364 As a rule, character evidence is inadmissible in civil cases even if proved circumstantially. Here are two exceptions to the rule.
Admission of prior juvenile adjudications allowed to February 2009 Illinois Law Update, Page 70 On December 2, 2008, the Illinois Supreme Court affirmed the judgment of the Illinois Appellate Court, Third District, which affirmed the decision of the Circuit Court of Peoria County to allow the state to impeach a defendant with certified copies of his prior juvenile adjudications.
Although a trial court’s failure to rule on a motion in limine may constitute an abuse of discretion, a harmless error will not overturn a ruling. October 2009 Illinois Law Update, Page 496 On July 24, 2009, the Illinois Appellate Court, First District, affirmed the judgment of the Circuit Court of Cook County, holding that the trial court did not err when it deferred ruling on the defendant’s motion in limine until after he testified.  
Amendments made to safety standards for construction of Types I and II school buses February 2009 Illinois Law Update, Page 70 To ensure that public and private agencies are cognizant of and meet minimum safety standards related to vehicle construction, the Department of Transportation made several amendments to Parts 440 and 442 of Title 92 of the Illinois Administrative Code.
Amendments to DUI statute should be harmonized June 2009 Illinois Law Update, Page 284 On March 27, 2009, the Illinois Appellate Court, Third District, reversed the decision of the Circuit Court of Henry County, which granted the defendants' motions to dismiss, holding that two subsections of the DUI statute enacted by PA 94-329 were not embodied in the DUI law, 625 ILCS 5/11-501 (2006), at the time the offenses were alleged to have been committed.
ANATOMY OF A WILL: A Step-By-Step Guide By Helen W. Gunnarsson October 2009 Article, Page 506 A step-by-step primer on simple wills for newbies, litigators, and other will-drafting novices.
Appealable Though Moot? By Professor Jeffrey A. Parness September 2009 Column, Page 476 A recent Illinois Supreme Court opinion analyzes exceptions to the mootness doctrine.
An Appellate Justice’s Quick Guide to Appeals By Justice Robert W. Cook March 2009 Article, Page 132 A former appellate justice offers advice on every step in the appellate process, from trial to oral argument.
Are you ready for the Red Flags Rule? By Helen W. Gunnarsson August 2009 Lawpulse, Page 386 The FTC's Red Flags Rule, effective August 1, requires lawyers to develop an identity theft prevention program to help protect clients. Are you in compliance?
Asked and Answered April 2009 Column, Page 204 When does a client have to appear?
Asked and Answered February 2009 Column, Page 104 How do I add a creditor to an old bankruptcy case?
Asked and Answered January 2009 Column, Page 47 Will I lose my stepchildren?
Attacking the Quotient Verdict By Melissa A. Murphy-Petros and Daniel E. Tranen August 2009 Article, Page 416 In a quotient verdict, jurors decide liability or damages by mathematically averaging instead of deliberating. Here s how to prevent and attack them.
Attorney censured for not disclosing "controlled business arrangement" By Helen W. Gunnarsson January 2009 Lawpulse, Page 10 The ARDC Hearing Board found that a Mundelein lawyer/title agent didn't make disclosures to clients required by the Title Insurance Act.
Be Careful What You Wish For: Analyzing the"Five Wishes" Advance Directive By Ray J. Koenig III and MacKenzie Hyde May 2009 Article, Page 242 The popular Five Wishes document helps clients think about life issues. But don't use it in place of Illinois statutory forms, these authors argue.
Beneficiaries can't be given power to approve trustee accounts By Helen W. Gunnarsson April 2009 Lawpulse, Page 168 A trust can't allow a majority of beneficiaries to approve the trustee's accounts, the Illinois Appellate Court holds.
Beware the Chinese E-mail scam By Helen W. Gunnarsson August 2009 Lawpulse, Page 386 An Internet scam aimed at lawyers continues to make the rounds.