Illinois Bar Journal
Articles From 2014

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The last word on People v Elliott is ‘rescind’ By Janan Hanna March 2014 Lawpulse, Page 114 A man's conviction for driving on a suspended license stands even though the underlying suspension is rescinded, the Illinois Supreme Court rules, after thoroughly analyzing the meaning of "rescind."
Lawyer sues after his YouTube post of client leads to suspension By Janan Hanna May 2014 Lawpulse, Page 214 A lawyer who was disciplined for posting a YouTube video of police buying drugs from his client has filed a federal lawsuit challenging his suspension.
A Lawyer’s Duty to Understand Technology: The Forest and the Trees By Charles J. Northrup April 2014 Column, Page 196 Lawyers' ethical obligation to understand technology comes under the heading competence.
The Leadership Journey By Paula H. Holderman May 2014 Column, Page 212 Reflections on an exhilarating, exhausting year.
Legal malpractice claims by clients and non-clients are subject to the same repose period May 2014 Illinois Law Update, Page 220 On February 21, 2014, the Illinois Supreme Court held that the time limits for claims against attorneys arising out of the performance of professional services apply to actions by non-clients, resolving a split among the districts of the appellate court.
License renewal application fees changed for new and used car dealers April 2014 Illinois Law Update, Page 168 The Illinois Vehicle Code has been amended to require both new and used car dealers to pay a license renewal application fee to be determined by the amount of automobiles sold by the dealer in the prior year, as per the following scheme: for 25-200 automobiles sold, a fee of $150; for 200-300 automobiles sold, a fee of $300; and for 300 automobiles or more sold, a fee of $500.
License required for distribution of medications in shortage January 2014 Illinois Law Update, Page 16 The Wholesale Drug Distribution Licensing Act has been amended to require wholesale distributors of drugs in shortage to be specially licensed by the Department of Financial and Professional Regulation.
Licensing requirements for private detectives, private alarm and security contractors, fingerprint vendors, and locksmiths July 2014 Illinois Law Update, Page 320 Applicants seeking licensure as a private detective, private alarm contractor, private security contractor, fingerprint vendor, or locksmith must submit their applications within three years of receiving a passing license examination score. 68 Ill. Adm. Code 1240 (eff. March 25, 2014).
Licensing standards for child welfare agencies, day care homes, and group day care homes February 2014 Illinois Law Update, Page 68 The Illinois Department of Children and Family Services recently adopted amendments that alter the licensing standards for child welfare agencies, day care homes, and group day care homes. 89 Ill. Adm. Code 401, 406, 408 (eff. Nov. 30, 2013).
Local Counsel in the Digital Age: The Rise of the Coverage Attorney By Charles R. Wolf July 2014 Article, Page 328 More law firms are taking cases from far-flung places, and they need local counsel to make court appearances on their behalf. Find out more about this growing source of business.
Long Odds: Commercial Mortgagors Fighting to Keep Their Property During Foreclosure Have Few Options By Tracy Steindel Ickes March 2014 Article, Page 144 Illinois law presumes lenders are entitled to possession of commercial property during foreclosure, and defendant-mortgagors aren't likely to overcome that presumption.
Looking for Free Legal Information? Check out the Law Library of Congress By Tom Gaylord March 2014 Column, Page 148 There might be a broken link here or there, but the Law Library of Congress is still a great portal to free legal resources.
Low Cost Technology for Highly Productive Lawyers By Ed Finkel January 2014 Article, Page 20 Now more than ever, great technology tools - many especially designed for lawyers - are amazingly affordable if not free. But don't forget the crucial difference between "frugal" and "cheap."
Low-Tech Is Not an Option By Paula H. Holderman March 2014 Column, Page 112 Lawyers must get comfortable with practice-related technology or risk losing business and running afoul of ethics rules.
Luxury Tax: Collecting from High-Income Judgment Debtors By Andrew N. Plasz June 2014 Article, Page 294 The author argues that wages used for investments or to purchase luxuries should be subject to collection by a judgment creditor.
Make Your Personal Style Work for You By Ed Finkel August 2014 Article, Page 380 Afraid you're too shy to get up and do what needs to be done to market your practice? Fear not. Good marketing is more about listening than talking.
The Medical Cannabis Act and Illinois DUI Law By Larry A. Davis March 2014 Article, Page 128 The Medical Cannabis Act makes important changes to DUI law, some of which are likely to inspire litigation.
Medical cannabis cultivation centers October 2014 Illinois Law Update, Page 472 The Department of Agriculture ("DOA") adopted amendments to implement Pub. Act 98-0122, which creates a pilot program for the cultivation and distribution of medical cannabis. 8 Ill. Adm. Code 1000 (eff. July 25, 2014).
Medical Marijuana Comes to Illinois By Ed Finkel April 2014 Article, Page 172 What will the Medical Cannabis Act mean for patients? For employers? Others? Prepare to advise clients about what some are calling the most restrictive medical marijuana law in the country.
Medical marijuana implementation a work in progress By Janan Hanna August 2014 Lawpulse, Page 366 The law took effect January 1, but the rules that would make it available to patients were approved only last month.
Meeting and vote required for dissolution of non-profit residential cooperatives January 2014 Illinois Law Update, Page 16 The General Not For Profit Corporation Act of 1986 has been amended to impose new requirements on nonprofit corporations organized for the ownership or administration of a residential cooperative property.
Member Service in Two Great Spaces By Richard D. Felice August 2014 Column, Page 364 The ISBA's Springfield and Chicago offices are worth a fresh look.
Minors may use personal tanning equipment in private residences August 2014 Illinois Law Update, Page 372 On January 1, 2014, the Tanning Facilities Code ("Code") took effect, prohibiting anyone under eighteen years old from using tanning equipment in tanning facilities.
Mixed-motive claims: alive and well under the Illinois Human Rights Act? By Nicholas Biersbach April 2014 Article, Page 191 It isn't clear whether federal rulings limiting mixed-motive claims will influence state courts' interpretation of the Illinois Human Rights Act.
Modified procedures for inventorying and accessing natural heritage data April 2014 Illinois Law Update, Page 168 The Nature Preserves Commission (the "Commission") recently developed policies that clarify the type of data inventoried and maintained by the Commission, assess fees on those accessing the data, and limit how natural heritage data may be used. 17 Ill. Adm. Code 4020 (eff. Jan. 10, 2014).
More cyberscams looking for lawyer-victims By Janan Hanna July 2014 Lawpulse, Page 314 Beware out-of-country residential real estate clients bearing cashier's checks.
More family members may petition for medical information under the Adoption Act September 2014 Illinois Law Update, Page 424 This amendatory act to the Adoption Act adds several categories of people eligible to petition state courts for the appointment of a confidential intermediary to: (1) exchange medical and identifying information with mutually consenting biological relatives; and (2) arrange contact with consenting biological relatives.
More Federal Court Opinions on FDsys By Tom Gaylord January 2014 Column, Page 48 The Federal Digital System (FDsys) now includes an expanded library of federal cases.
More mentorship opportunities available in principal preparation programs August 2014 Illinois Law Update, Page 372 School superintendents, assistant superintendents, and directors of special education with at least two years of experience relevant to the role of a principal are now permitted to mentor principal candidates. 23 Ill. Adm. Code 30 (eff. May 6, 2014).
A more user-friendly statutory POA for health care By Janan Hanna April 2014 Lawpulse, Page 162 Proposed legislation would revise the HCPOA form to make it easier to understand and help principals better communicate their wishes about end-of-life treatment.