Publications

Illinois Bar Journal
Articles From 2013

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Supreme court makes e-service voluntary, not mandatory By Adam W. Lasker March 2013 Lawpulse, Page 118 The most recent amendments to the supreme court rules, which took effect January 1, permit service by email but do not require it.
Supreme court to establish legal-aid program for military personnel, vets By Adam W. Lasker October 2013 Lawpulse, Page 498 The pilot program, funded by a $10 filing fee increase in participating circuit courts, will provide free legal services in civil cases to veterans and military personnel in need.
Surcharge for strip clubs to benefit sexual assault crisis centers. PA 097-1035 July 2013 Illinois Law Update, Page 336 State lawmakers have enacted the Live Adult Entertainment Facility Surcharge Act to fund sexual assault crisis centers in Illinois. 35 ILCS 175.
Task Force receives an extension on its employment discrimination report. PA 097-1132 May 2013 Illinois Law Update, Page 228 Illinois lawmakers have extended the deadline for the Task Force on Inventorying Employment Restrictions's report to the Illinois Governor and General Assembly. 20 ILCS 5000/15.
Technology and the Trial Process: The 2013 Allerton Conference By Jeffrey A. Parness December 2013 Article, Page 638 Social media use by lawyers and other technology topics were on the agenda of the 2013 Allerton Conference.
Ten Tips to Improve Your Case on Appeal By Hon. John C. Anderson July 2013 Article, Page 352 A reviewing court can be an intimidating place for the occasional appellate practitioner. These tips will help put you at ease.
“Test the waters” doctrine not an appropriate supplement to substitution-of-judge analysis November 2013 Illinois Law Update, Page 560 On September 11, 2013, the Fourth District Appellate Court held that orders for scheduling and continuances are not substantial rulings that would allow for the denial of a motion for substitution of a judge as of right.
Thanks for the Memories! By John E. Thies June 2013 Column, Page 276 ISBA held a successful Lawyers Feeding Illinois campaign and did much more this busy bar year.
Third party insurer liability under the Illinois Public Aid Code October 2013 Illinois Law Update, Page 504 The Illinois Public Aid Code has been amended to address third party liability. 305 ILCS 5/12-4.45.
Those publishing criminal record information may not remove or modify that information in exchange for payment December 2013 Illinois Law Update, Page 612 The Consumer Fraud and Deceptive Business Practices Act has been amended by making it unlawful for those who publish or disseminate criminal records information in print or electronic format, including members of the news media, to accept payment or other consideration for the removal or modification of such information.
Threats to human service providers will be a class 3 felony December 2013 Illinois Law Update, Page 612 The Criminal Code of 2012, which previously criminalized threatening public officials, has been amended to specifically include threats made to a human service provider (or to a member of their immediate family).
Three Rules for Drafting Marital Settlement Agreements in Anticipation of Bankruptcy By Matthew M. Benson September 2013 Article, Page 474 These three rules can help keep your work for a divorcing client from being undone when one of the parties files for bankruptcy.
Tighter regulations for boating under the influence October 2013 Illinois Law Update, Page 504 Any person operating or having physical control of a motorboat in Illinois who has been involved in a personal injury or fatal boating accident shall now be presumed to have consented to a blood, breath, and urine test for the purposes of determining the content of alcohol or other drugs in the person's blood if arrested for a violation of the Boat Registration and Safety Act or similar provisions of local laws. 625 ILCS 45/5-16c new.
The Too-Expansive Illinois General Verdict Rule By J. Timothy Eaton, Michael W. Rathsack, and Michael T. Reagan March 2013 Article, Page 142 More and more Illinois courts are upholding general verdicts if there is any error-free basis for doing so. They should do the opposite, these authors say.
The Tougher, Broader Illinois Prevailing Wage Act By Kara M. Pomerantz Principe January 2013 Article, Page 42 Counsel to contractors, governmental bodies, and workers take note: recent changes to the Illinois Prevailing Wage Act and the law interpreting it have broadened its reach and toughened requirements and penalties. Find out what it means for your clients.
Two-year limitation on claim arbitration does not violate public policy January 2013 Illinois Law Update, Page 16 On October 18, 2012, the Illinois Supreme Court held that a two-year contractual limitation on claim arbitration between an automobile insurer and its insured does not violate Illinois public policy, even when the incident giving rise to the claim occurred in a state with a longer statute of limitations.
Unfounded reports of child abuse and neglect must be retained December 2013 Illinois Law Update, Page 612 Beginning on August 30, 2013, the Department of Children and Family Services must store unfounded reports of child abuse or neglect made by non-mandated reporters for one year. 89 Ill. Adm. Code 431.
Unsettled Settlements: Understanding Mediation Agreements By Jonah Orlofsky August 2013 Article, Page 418 Mediation is an alternative to litigation, but parties sometimes end up disagreeing about the mediation itself. Mediation agreements can help resolve those disputes.
Update: Finding Illinois Municipal Ordinances Online (and Free!) By Tom Gaylord January 2013 Column, Page 46 A fresh look at websites that offer free online municipal codes.
Using Juror Questions During Trial to Your Advantage By Andrew W. Vail and Tiffany M. Cartwright December 2013 Article, Page 624 These tips from seasoned judges and attorneys can help you incorporate juror questioning into your trials.
Using Twitter to Keep Up with the Law By Tom Gaylord November 2013 Column, Page 590 Twitter is a great way to send and receive breaking legal news.
Valuing Property in Lengthy Divorce Proceedings By Jenna C. Patchen April 2013 Article, Page 198 When the valuation hearing comes after the dissolution judgment, is marital property valued on the judgment date or the hearing date? The supreme court recently settled the question.
Vegas Comes to the Corner Pub: Guiding Business Clients Through the Video Gambling Law By Peter C. Spier April 2013 Article, Page 186 Do you have clients who want to give video gambling a try? This article explains the legal and regulatory hurdles facing eligible establishments.
Vehicle Searches Incident to Arrest in Illinois after Gant By Michele M. Jochner January 2013 Article, Page 30 In Arizona v. Gant, the U.S. Supreme Court allowed warrantless searches when an arrestee is unsecured and can reach the passenger compartment or it's "reasonable to believe" incriminating evidence "might be" inside. But Gant raises as many questions as it answers - here's a look at how Illinois courts have reacted.
Vehicle seizures expanded to out-of-state drivers. PA 097-0984 July 2013 Illinois Law Update, Page 336 Drivers with out-of-state licenses revoked or suspended for driving while intoxicated, hit and run, reckless homicide, or various other statutory suspensions are now subject to Illinois' provisions for seizure and forfeiture.
Voting age clarified. PA 098-0051 September 2013 Illinois Law Update, Page 452 The Election Code has been amended to clarify the legal voting age. 10 ILCS 5/3-6.
Welcome to the Profession By Paula H. Holderman November 2013 Column, Page 552 Real law careers begin with the ISBA.
We’ve Come a Long Way, But We’re Not There Yet By Paula H. Holderman October 2013 Column, Page 496 Though women lawyers have come a long way, there's unfinished business.
What Do You Know? Give a Talk About It By Karen Erger February 2013 Column, Page 100 Anxious about public speaking? Try choosing a topic you really know.
What’s New with Fastcase By Tom Gaylord July 2013 Column, Page 368 The new Bad Law Bot flags negative treatment of cases.