Publications

Illinois Bar Journal
Articles From 2013

Browse articles by year: 2013 (118) 2012 (284) 2011 (296) 2010 (302) 2009 (272) 2008 (301) 2007 (305) 2006 (339) 2005 (310) 2004 (317) 2003 (323) 2002 (336) 2001 (289) 2000 (269) 1999 (267) 1998 (53)

Lincoln on the Wall By Hon. Ron Spears February 2013 Column, Page 104 Lincoln was an exemplary but not perfect lawyer - which makes his example all the more inspiring.
Loan is null and void if made pursuant to Consumer Installment Loan Act by lender who is not licensed under that Act. PA 097-1039 January 2013 Illinois Law Update, Page 16 Illinois lawmakers have amended the Consumer Installment Loan Act (205 ILCS 670/20) and the Payday Loan Reform Act (815 ILCS 122/4-10) by declaring a loan made pursuant to either act to be null and void if its lender is not licensed under such act.
Marital property valued on date of dissolution in bifurcated proceeding March 2013 Illinois Law Update, Page 124 On December 28, 2012, the Supreme Court of Illinois held that, in a bifurcated marital dissolution proceeding, the date of trial on which marital property must be valued under section 503(f) of the Illinois Marriage and Dissolution of Marriage Act ("Dissolution Act") refers to the date the judgment for dissolution is rendered.
Marketing Your Practice via Social Media By Maria Kantzavelos April 2013 Article, Page 180 You can find clients on Facebook and LinkedIn. Or, more to the point, they can find you. But be sure to go about it the right way or you'll lose business and run afoul of ethics rules.
Medical staff members have the right to a personal attorney regarding staff privilege determinations. PA 097-1006 February 2013 Illinois Law Update, Page 72 Illinois lawmakers have amended the Hospital Licensing Act's required minimum procedures regarding "clinical privilege determinations" for hospitals' current medical staff members. 210 ILCS 85/10.4.
Mortgage Foreclosure and Standing to Sue By Steven B. Bashaw January 2013 Column, Page 50 When do lenders have standing to foreclose? Cases run the gamut.
Mortgage Fraud and E&O Insurance: Making Sure There's Something to Sue For By Kurt B. Drain May 2013 Article, Page 250 Too often, lenders win mortgage-fraud judgments against defendants who turn out to be judgment proof. The solution? Ensure that mortgage brokers have adequate E&O coverage.
New exception to a public guardian's obligations to a ward. PA 097-1094 April 2013 Illinois Law Update, Page 176 The Probate Act of 1975 has been amended to provide an exception to a public guardian's duty to maintain insurance on the real and personal property belonging to the guardian's ward. 755 ILCS 5/13-5.
The New Illinois Benefit Corporation Act By Stephen Proctor March 2013 Column, Page 156 The new law encourages creation of corporations that advance worthy public purposes.
A New Law Overturns Cypress Creek By Joseph R. Fortunato April 2013 Column, Page 204 A new law puts contractors with secured liens ahead of lenders.
New law prohibits use of BPA in children's food and beverage containers sold in Illinois. PA 097-1101 March 2013 Illinois Law Update, Page 124 The General Assembly has enacted the "Toxin-Free Toddler Act" regulating the presence of bisphenol A, commonly known as BPA, in children's food and beverage containers.
New limitations on possession of methamphetamine precursors. PA 097-1008 January 2013 Illinois Law Update, Page 16 The General Assembly has added a new section to the Methamphetamine Control and Community Protection Act. 720 ILCS 646/120 new.
New rules for recordkeeping in prior unfounded child abuse reports. PA 097-1089 March 2013 Illinois Law Update, Page 124 The Abused and Neglected Child Reporting Act has been amended to provide new requirements for recordkeeping by the Illinois Department of Children and Family Services (325 ILCS 5/7.7).
New rules regulate marketing, consumer contracts by retail electric suppliers March 2013 Illinois Law Update, Page 124 Newly implemented rules adopted in part 412 of title 83 of the Illinois Administrative Code regulate marketing practices and set ground rules for consumer contracts and dispute resolution applicable for retail electric suppliers.
New sex education requirement for schools. PA 097-1147 April 2013 Illinois Law Update, Page 176 Illinois lawmakers have amended the Critical Health Problems and Comprehensive Health Education Act to require new sex education curricula in schools. 105 ILCS 110/3.
New specifications for plumbers' license cards. PA 097-1137 March 2013 Illinois Law Update, Page 124 Illinois lawmakers have amended the Illinois Plumbing License Law (225 ILCS 320/11, 16) to provide new requirements for plumbers' license cards.
New supreme court rules promote foreclosure mediation By Adam W. Lasker April 2013 Lawpulse, Page 170 New consumer-friendly rules, effective May 1, are designed to make the foreclosure process more fair and reduce the backlog of cases.
No judicial review until arbitration process is complete April 2013 Illinois Law Update, Page 176 On January 22, 2013, the Illinois Appellate Court, First District, held that a dispute over a discovery order that arises in arbitration is not ripe for adjudication until a final award has been issued.
No More 'Debtors' Prison': Greater Notice, Protections for Judgment Debtors By Kelly M. Greco and Stephanie R. Hammer March 2013 Article, Page 134 A recently enacted law gives debtors better notice of collection proceedings and protects their rights once they have begun.
Online offerings let lawyers earn LL.M.s at home By Adam W. Lasker May 2013 Lawpulse, Page 222 Two Illinois law schools are pioneers in the rapidly expanding field of LL.M. distance-learning programs.
Perfecting a Mechanics Lien: What You Need to Do it Right By Howard M. Turner and Michael T. Nigro May 2013 Article, Page 254 Two seasoned attorneys offer practical tips to help you perfect mechanics liens on behalf of your contractor clients.
Predicting Maintenance Awards By H. Joseph Gitlin April 2013 Column, Page 206 A look at all divorce cases affirming maintenance since 1977.
A Primer on Medical Records as Evidence By Brion Doherty February 2013 Article, Page 82 Knowing how and when medical records are admissible in a p.i. trial means understanding the business records hearsay exception.
Principal must have full knowledge or have indicated agent had authorization to ratify contract May 2013 Illinois Law Update, Page 228 On March 8, 2013, the Illinois Appellate Court, First District, held there must be evidence that a principal indicated an agent was authorized to bind the principal to a contract prior to its signing, or that the principal had knowledge of the contract, for the principal to be liable under claims of apparent authority or ratification.
Procedures implementing limitations on licensing health care workers upon criminal charges or conviction April 2013 Illinois Law Update, Page 176 Recently adopted administrative rules issued by the Department of Financial and Professional Regulation (the "Department") establish procedures implementing amendments to the Civil Administrative Code of Illinois (the "Code"), 20 ILCS 2105/2105-15(i), barring licensing of health care workers who have been convicted of enumerated offenses. See 68 Ill. Adm. Code 1130.
Procurement of Domestic Products Act shall apply to the Public Community College Act. PA 097-1105 March 2013 Illinois Law Update, Page 124 The Public Community College Act is amended to alter the list of state laws and related administrative rules that apply to the Act. 110 ILCS 805/1-3.
Protecting Settling Plaintiffs When a Defendant Goes Bankrupt By Christopher B. Lega April 2013 Article, Page 200 Most settlement agreements ignore an important risk - that the defendant will file for bankruptcy shortly after settlement. Here's how to protect plaintiffs.
Public community colleges must meet new standards to receive state grants. PA 097-1160 April 2013 Illinois Law Update, Page 176 Starting July 1, 2013, public community colleges will need to maintain a lower in-district tuition and fee rate to qualify for state equalization grants. 110 ILCS 805/2-16.02.
Pursuing Claims for Grief Under the Wrongful Death Act By Elizabeth Felt Wakeman and Gregory J. Barry January 2013 Article, Page 34 Thanks to a 2007 statutory change, juries are permitted to consider grief, sorrow, and mental suffering in wrongful death cases. Here's advice for trial lawyers about how to approach this relatively untested element of wrongful-death damages.
Ready to Lead? Nominate Yourself for an ISBA Committee or Council By Paula M. Holderman January 2013 Column, Page 7 Looking for a chance to lead? To grow? To make a difference in the Illinois State Bar Association and the legal profession? Then consider nominating yourself for one of our many section councils and committees for 2013-14.