For more than 50 years, the Illinois State Bar Association (ISBA) has conducted a Judicial Advisory Poll of attorneys to provide Illinois’ legal community and voting public with information on judicial candidates. The poll, which is supervised by the ISBA’s Standing Committee on Judicial Advisory Polls, represents one of the most important and publicly visible functions that the ISBA performs. In their 2021 February Illinois Bar Journal article, “The ISBA Judicial Advisory Poll: Myths and Misconceptions,” members of the ISBA’s Standing Committee on Judiciary Advisory Polls examine common issues raised regarding the ISBA poll. The authors explain the committee’s work and how it arrives at its findings and positions. The article also describes the committee’s use of expertise in statistics and research methodology to help guide its decision making and evaluation of its procedures.

After more than four decades of practice in estate planning, estate administration, and real estate law, Gary Gehlbach (also, a member of the Illinois Bar Journal Editorial Board) shares a plethora of tips he has accrued over the years and that came to him during restless nights and in half-conscious streams, usually around 5 a.m. The 17 tips--all easily digestible and highly practical--include “address all contingencies,” “don’t use a legal life estate,” “avoid absolutes,” and “consider potential beneficiaries with special needs.” With nearly every tip, Gehlbach provides good reasons for it and an example or two from his practice.   

A right of first refusal (ROFR) is an agreement giving its holder the right to purchase property in certain circumstances. ROFRs usually concern real estate, but they can cover any type of property. Generally, ROFRs provide that if an owner receives a bona fide offer to buy its property on terms it wishes to accept, the owner must give the ROFR holder notice of the offer and the opportunity to match it. The ROFR holder has no obligation to match the offer and it can refuse to do so. In that instance, the owner is free to sell the property to the offeror. If the ROFR holder does match the offer, the holder has the right to buy the property and the owner must sell it to the ROFR holder. But as Mitchell L. Marinello and Andrew P. Shelby demonstrate in their January 2021 Illinois Bar Journal article, “Right of First Refusal, Right?” under the peculiarities of Illinois law, ROFRs generally are enforceable but can lead to litigation, specifically when a property’s ROFR provisions may not be considered definite enough to be enforced.

In Smart Oil LLC v. DW Mazel, LLC, the U.S. Court of Appeals for the Seventh Circuit confirmed that lawyers are essential in real estate transactions. The Seventh Circuit recognized its role in interpreting contracts and giving effect “to the intention of the parties as expressed in the agreed terms.” Lawyers are the client’s advocate, charged with articulating the client’s precise intentions in the agreement, and then guiding the transaction with careful attention to detail through closing. According to William J. Anaya in his January 2021 Illinois Bar Journal article, “Old Wine in New Cases,” Smart Oil offers insights to environmental and real estate lawyers and a cautionary tale for those who seek to cleverly avoid or circumvent settled law in modern real estate transactions. Anaya advises lawyers who represent sellers and buyers in transactions and litigation are well served in reading this Seventh Circuit’s primer on settled law in Illinois.