While it has long been recognized that there is a separation of powers under the Illinois Condominium Property Act between condominium boards and unit owners, condominium boards have possessed almost all of the decision-making authority under the Act, including deciding rule violations. But, according to Ellis Levin in his September 2019 Illinois Bar Journal article, “Power to the Condo Unit Owner,” that power has shifted in Boucher v. 111 East Chestnut Condominium Association. In Boucher (Justice Neville’s final appellate opinion before joining the Illinois Supreme Court), the balance of power has shifted from condominium officers and boards to unit owners when unit owners protest rule violations and request meeting records.
Illinois Bar Journal
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September 16, 2019 |
Practice News
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September 9, 2019 |
Practice News
The Illinois Bar Journal’s September 2019 cover story, “A Path to Leadership,” details the ISBA’s proactive efforts to develop the Association’s next generation of leaders by launching a Leadership Academy. “We’re looking forward to this program,” says ISBA president David Sosin, who practices at Sosin, Arnold & Schoenbeck in Orland Park. “It will be one of the more exciting programs on a continuing year-after-year basis for our young members. It will not only pay great dividends to the Illinois State Bar Association, but to bar associations across the state for many years to come.”
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September 3, 2019 |
Practice News
Arguably one of the most significant developments in recent Illinois criminal justice reform was Public Act 100-284. Signed into law on Aug. 24, 2017, this amendment to the Illinois Criminal Identification Act (ICIA) enacted among the nation’s broadest sealing and expungement reforms to date. As a result of the ICIA (one might also add the automatic expungement provisions included in the Cannabis Regulation and Tax Act signed into law this summer), there has never been a better time to file an expungement or sealing petition in Illinois. But clients seeking to take advantage of criminal record reforms are going to have questions—lots of them. You’ll need answers. In his September 2019 Illinois Bar Journal article, “Make It Go Away,” criminal-defense attorney Paul Meyers examines typical questions and concerns clients have when pursuing relief under the ICIA.
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August 26, 2019 |
Practice News
“I’ve spent most of my 55 years thinking of myself as an undercover introvert,” writes Karen Erger in her Your Life’s Work column in the August 2019 Illinois Bar Journal. “I love what I do, and my work puts me behind a podium and face-to-face with strangers all the time. But I don’t enjoy or seek out those activities for their own sake, and my idea of a great day (at work, anyway) is one spent alone in my office reading, writing, and delving so deeply into my projects that I lose track of time.” In her column, Erger reflects on life as an introverted lawyer, coming to peace with that, and how she refuses to let it get the best of her.
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August 19, 2019 |
Practice News
Hudson and subsequent caselaw is clear: If a plaintiff voluntarily dismisses a lawsuit after one count of a multicount complaint is dismissed with prejudice under either section 2-619 or section 2-1005 of the Illinois Code of Civil Procedure, any refiling will be barred by res judicata and the rule against claim-splitting (barring an exception). In his August 2019 Illinois Bar Journal article, “Don’t Overlook Hudson,” Adam T. Ernette, an associate at Wilson Elser Moskowitz Edelman & Dicker LLP in Chicago, uses Hudson v. City of Chicago as a starting point for a state-of-the-law analysis regarding res judicata and the rule against claim-splitting for attorneys considering taking a voluntary dismissal.
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August 14, 2019 |
Practice News
The State Bar of California is considering a proposal that would allow legal technicians to offer legal advice and nonlawyers to share fees with attorneys. Similar proposals have drawn criticism from Illinois State Bar Association leaders, who claim they would fundamentally shift the legal landscape.
“It has been the consistent position of the Illinois State Bar Association that the practice of law is a privilege reserved for licensed lawyers,” said ISBA President David B. Sosin. “The sharing of fees with hedge funds, multi-national corporations, and nonlawyers has been a disaster in other countries. Most importantly, nothing in the California proposal, or similar proposals and plans, address the preeminent issue, which is the protection of the public.”
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August 12, 2019 |
Practice News
Unclear Seventh Circuit precedent and conflicting district court opinions have left unresolved whether corporate financial information is discoverable in relation to a punitive-damages claim in federal court. In his August 2019 Illinois Bar Journal article, “Cracking Open the Corporate Coffers,” Thomas A. Drysdale, a chambers law clerk to the Hon. Eric I. Long of the Central District of Illinois, argues that corporate wealth is discoverable, analyzes its admissibility, and proposes a solution to resolve the tension between the relevancy and admissibility questions.
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August 5, 2019 |
Practice News
It should go without saying that most attorneys will apply Illinois law to personal injury lawsuits filed in Illinois courts. But if you could rely on another state’s laws that favor your client on a substantive legal issue, why wouldn’t you? What if it would mean the difference between a multi-million-dollar verdict and a statutory cap on damages? Or, maintaining a valid cause of action versus facing a motion to dismiss for failure to state a claim? In his August 2019 Illinois Bar Journal article, “Using Another State’s Laws to Your Advantage,” civil litigation defense attorney Dustin Karrison examines how Illinois courts make choice-of-law determinations in personal injury cases when Illinois’ laws conflict with laws from another state.
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July 29, 2019 |
Practice News
In its August issue, the Illinois Bar Journal provides an extensive sneak preview of the ISBA's upcoming Solo & Small Firm Conference by providing lots of easy-to-apply tips on improving your digital marketing efforts. Read the article, “Extending Your Reach,” for getting more out of your website, social media, blogs, and overall internet presence.
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July 25, 2019 |
Practice News
The ISBA has created a new section council to address food law, an increasingly specialized practice area that shows signs of surging.
The practice of food law includes legal issues affecting agriculture and farmers, health and the environment, sustainability, intellectual property and licensing, the regulation of food trends and innovation, and laws and regulations protecting consumers, says Molly Wiltshire, a Chicago-based attorney who was instrumental in drafting a proposal to create the new section.